BOARD02394

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Horsefly Creek - Motion to Intervene and Notice to Contest
• Board Meetings - Doc Type: Memo

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Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, Colorado 80203

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CONCERNING THE IN STREAM FLOW ApPROPRIATION FOR:

HORSEFLY CREEK

IN MONTROSE COUNTY, COLORADO, WATER DIVISION No, 4, WATER DIST. 60

ATTORNEYS FOR CONTESTANT,
PACIFiC/DESERT, LLC:
LORI ],M. SATTERFIELD, #23380
MEGHAN WINOKUR, #35973
HOLLAND & HART LLP
555 SEVENTEENTH ST., STE, 3200
DENVER, CO, 80202
TELEPHONE: [phone]
FACSIMILE: 303-672-6510
E-MAIL: [e-mail]

ATTORNEYS FOR COLORADO WATER
CONSERVATION BOARD:
JOHN W, SUTHERS, ATTORNEY GENERAL
VIRGINIA BRANNON, #30346
NATURAL RESOURCES & ENVIRONMENT
SECTION
1525 SHERMAN STREET, 5TH FLOOR
DENVER, Co 80203
TELEPHONE: [phone]
FACSIMILE: 303-866-3558
E-MAIL: [e-mail]

REPL Y REGARDING MOTION TO INTERVENE

Pacific/Desert, LLC ("Pacific/Desert"), through its undersigned counsel, submits
this reply regarding its motion to intervene dated November 3, 2005, Pacific/Desert
urges the Colorado Water Conservation Board ("CWCB") to exercise its administrative
discretion and grant the motion to intervene.

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1, Pacific/Desert has spent substantial time and expense over the last two
years planning for the development of a residential and recreational project on the
Uncompaghre Plateau, An important feature of the project is Paxton Reservoir, an
existing storage reservoir with a capacity of approximately 717 acre feet. Diversions
for storage in Paxton Reservoir occur from the headwaters of Horsefly Creek during the
spring runoff period, the same period claimed for the subject Horsefly Creek instream
flow appropriation ("ISF"), Pacific/Desert is concerned that its water rights for Paxton
Reservoir (and other water rights) may be adversely affected by the ISF, Pacific/Desert
certainly wishes it had known of the claimed ISF appropriation and had filed its notice
of party status by the end of April. The Board has not taken final action on the
Horsefly Creek ISF, however, and the Board has the administrative discretion to
continue the proceedings and allow Pacific/Partners to be heard under Rules 5.1.(1) and
5,].(2) of the Rules Concerning the Colorado Instream Flow,'

, Rule 5.1.(1) states that the "Board will have discretion to grant or deny Party status to
any person who files a Notice of Party Status after April 30th or the first business day
thereafter, for good cause shown," Rule 5,j.(2) provides that the "Board may waive the
requirements of these rules whenever the Board determines that strict adherence to the
rules is not in the best interests of fairness, unless such waiver would violate applicable
statutes, "

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