BOARD02266

• Board Meeting Date: 5/16/2006
• Description: ISF Section - Contested 2005 Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

To:

Colorado Water Conservation Board Members

Bill Owens
Governor

From: JeffBaessler
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date May 12,2006

Rick Brown, Acting
Deputy Director

Re: Agenda Item 17, May 16-17, 2006- Board Meeting
Stream and Lake Protection - Instream Flow Appropriations
Contested Instream Flow Recommendations-Water Division 4

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Background
At the March 2006 meeting, the CWCB voted to reinitiate the appropriation proceedings on
several ofthe proposed instream flow appropriations in the North and Smith Fork Gunnison river
basins. These instream flow appropriations were initially brought before the CWCB at the
January 2005 meeting and were protested by several parties. Subsequently, the CWCB and the
Colorado River Water Conservation District funded a water availability and demand study by the
consultants Leonard Rice Engineering and CDM. It is staffs hope that concerns regarding these
instream flow appropriations have been alleviated due to the Board's decision to remove the
proposed instream flow on Muddy Creek above Paonia Reservoir from consideration as well as
the opportunity for water users to apply for water rights on any undecreed water uses. Staff has
contacted the previous Contested Parties to inquire whether they intend to participate in the
hearing process, but at this time, staff has not heard back from all of the Contested Parties as to
their intent. In addition, the modified hearing schedule adopted by the Board at the March 2006
meeting (provided below) provides that additional Notices to Contest can be received up to May
31,2006.

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