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<br />- 2- <br /> <br />Case No. 4-99CW268 . <br />In December 1999, the United States Forest Service ("USFS") applied to the Division 4 Water Court <br />for two water rights associated with Spring Creek, one in the amount of7.5 cfs and another in the <br />amount of .75 cfs, both for irrigation, wildlife, fisheries and stock watering. The application <br />identified the source of water as springs and seeps occurring along the riparian corridor of Spring <br />Creek. The CWCB objected to the application because it appeared that the USFS was claiming a <br />water right in a spring to maintain and preserve the natural environment. The State and Division <br />Engineers also objected to the application. <br /> <br />The Staff of the Attorney General's Office intends to discuss the litigation described above, and the <br />proposed settlement of this litigation in Executive Session at this Board meeting, Resolution ofhoth <br />the CWCB's pending appropriation on Spring Creek and the USFS application on Spring Creek in <br />the manner described in the attached documents are acceptable to the USFS and Trout Unlimited. <br />The USFS has not undergone its final review of these documents at this writing, but the Staff of the <br />CWCB expects that any suggested changes would be minor. <br /> <br />The Staff has attached the following: 1) language describing the Spring Creek Special Interest Area <br />that the USFS seeks to include in the Grand Mesa, Uncompahgre and Gunnison ("GMUG") Forest <br />Management Plan (Exhibit A); 2) a proposed stipulation between the Colorado Water Conservation <br />Board and the USFS (Exhibit B; and, 3) proposed decrees for the USFS water rights that reflects the <br />terms of the proposed settlement (Exhibit C(l) and C(2)). Essentially, this settlement would allow <br />the USFS to obtain a proposed decree for each of the two springs on Spring Creek for ,1 cfs for <br />stock-watering, wildlife, and sub-irrigation purposes. In addition, the USFS would agree to attempt . <br />to include language describing the Spring Creek Special Interest Area in the GMUG Forest <br />Management Plan, The USFS and the CWCB would enter into an MOU that would allow the USFS <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Plaruting <br />