BOARD02377

• Board Meeting Date: 7/13/1998
• Description: WSP Section - Colorado River Basin Issues - 15-Mile Reach Recovery Water Rights - Cases No. 5-95CW296 and 5-95CW297
• Board Meetings - Doc Type: Memo

~

.

.

.

-.~---~-~~

R. H. P".
Knin H. Peck

R. H. PECK, P.C.
Lawyers
506 Breeze Street, Crog, CO 81625
Telephone [phone]
FAX [phone]

Office Hours
Monday rhru Thurn/a,
9:0121roS

RECEIVED
JUN 25 1998

Sid Pleasant
(1907-1992)

Colorado Water
Conservation Board

Brahlish,. -1933

June 17, 1998

Ms. Wendy C. Weiss
First Assistant Attomey General
Natural Resources Section
8 Services Building
IS2S Sherman Street, 5th Floor
Denver, CO 80203

ml~~~.w,~. r;.p[Q)
c->' ".' ,c...
L.-..J......i LS

J'l! ".' ~ ."; .',~ .....]
v;,; : -: .':'::.

OFFIc.:,: CF''r'(~
;,1TORtlj7;",- ~....: ',-::;
iVA....~.. _,:'C' ::.';. .,',L
. 4 1..IL't/1L,. RE~i...Jj" " ':'--'~ . ..--'....,.,.0
._-.....~i:.'-'JJ N

Re: Minimum Stream Flow Applications

Dear Wendy:

This letter is being written in response to your letter of May 29, 1998, soliciting comments for
consideration by the CWcB Board of Directors concerning these fllings in light of the position
taken by the U.S. Fish and Wildlife Service.

My client is the Juniper Water Conservancy District, a relatively small player in all of this and
whose geographic constituency is in the lower reaches of the Yarnpa River.

The Juniper Water Conservancy District takes no position as to the fllings on the Colorado River.
However, as to the Yarnpa, the progress of the case to date has lead to the following conclusions,
which I don't believe have been refuted by anyone:

1. The hydrograph of the Yarnpa River is basically unaltered since before any settlement in the
Valley occurred;
2. The base flows which have been applied for are far less than the Compact requirements;
3. The scenario for future development in the Yarnpa Valley contemplates minimal increase in the
consumptive use by reason of the fact that agricultural uses will be converted essentially to
municipal or domestic.

With all of this in mind, the Juniper Water Conservancy District sees no logical reason for the
CWcB to pursue the adjudication of either the base flow or the recovery flows.

No useful purpose would be served by belaboring the point. Many people who are much more
knowledgeable than I have articulated reasons, both legalistic and practical, as to why these filings
should not proceed.

fa
cc - Juniper Water Conservancy District, c/o Darryl Steele, President, P.O. Box 115,
Maybell, CO 81640
- Tom Trevenen, Trevco, Inc., P.O. Box 1116, Craig, CO 81625
GenM: Min/Strm/Flows:l uniper:CorrcslMcmos: W eiss/L /1