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

CONCERNING THE INSTREAM FLOW ApPROPRIATION FOR:

HORSEFLY CREEK

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

ATTORNEYS FOR CONTESTANT , ATTORNEYS FOR COLORADO WATER
PACIFIC/DESERT, LLC: CONSERVATION BOARD:
LOR! J,M, SATTERFIELD, #23380 JOHN W, SUTHERS, ATTORNEY GENERAL
MEGHAN WINOKUR, #35973 VIRGINIA BRANNON, #30346
HOLLAND & HART LLP NATURAL RESOURCES & ENVIRONMENT
SECTION
555 SEVENTEENTH ST" STE. 3200 1525 SHERMAN STREET, 5TH FLOOR
DENVER, CO, 80202 DENVER, Co 80203
TELEPHONE: [phone] TELEPHONE: [phone]
FACSIMILE: 303-672-6510 FACSIMILE: 303-866-3558
E-MAIL: [e-mail] E-MAIL: GlNNY.BRANNONUilSTATE.CQ.US

MOTION TO INTERVENE

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Pacific/Desert Partners, LLC ("Pacific/Desert"), through its undersigned counsel,
hereby moves the Colorado Water Conservation Board ("CWCB") to allow
Pacific/Desert to intervene and participate as a party in this pending administrative
proceeding regarding the CWCB's claimed appropriation of the Horsefly Creek
instream flow ("ISF"), Pacific/Desert has filed this Motion pursuant to Rule 5,1. of the
Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
("CWCB Rules"). In support of this motion, Pacific/Desert states:

I. Pacific/Desert owns property commonly known as Hideout Lake Ranch, of
which Paxton Reservoir is a prominent feature and asset. The Ranch is located in the
upper reaches of Horsefly Creek and straddles the Uncompahgre Plateau,
Pacific/Desert also owns adjudicated and unadjudicated water rights that divert (or will
divert) from tributaries of Horsefly Creek located upstream of the ISF, Pacific/Desert's
water rights may be adversely affected by the ISF,

2. The Board has discretion to grant Pacific/Desert's request to intervene
under Rule 5.1 of the CWCB Rules, for "good cause shown," The CWCB's stipulation
and agreement with the Eldred Family Colorado Limited Partnership ("Eldred") is on
the agenda for consideration at the November 16,2005 hearing of the Board,
Pacific/Desert contests the CWCB's claim for the ISF, but does not challenge the
stipulation between the CWCB and Eldred, The Board has discretion under the
CWCB's Rules to accept the stipulation with Eldred, allow Pacific/Desert to intervene
in the proceeding, and to delay final action on this ISF appropriation until after
Pacific/Desert has had an opportunity to present its objections and be heard by the
Board in accordance with the CWeB's Rules,