Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />e <br /> <br />Consent Agenda Item 4-I.b. <br />Case No. 3-99CW031; Anderson <br /> <br />Application Summary <br /> <br />This is an application for new junior surface water rights. The Applicant claims .5 cfs and the name <br />of the structure is identified as "Lime Creek." The Applicant's existing and proposed uses include: <br />"water wildlife, enhance area, protect the natural environment, stock fish, water range cattle." The <br />Board does not hold an instrearn flow right on this segment of Lime Creek. Therefor, there is no <br />direct impact on the Board's water rights. However, staff is concerned that this application may be <br />contrary to the provisions of Section 37-92-102(3), C.R.S. (1999), which provides: "...no other <br />person or entity [other than the CWCB] shal1 be granted a decree adjudicating a right to water or <br />interests in water for instream flows in a stream channel between specific points, ..., for any purpose <br />whatsoever." Although the Andersons have not claimed an instream flow right per se, the practical <br />effect of the uses identified in this application is the same as those for instream flows, which are <br />reserved exclusively for the Board. <br /> <br />Potential for lniurv <br /> <br />The Applicant is seeking approval of a surface water right to be used in a stretch of Lime Creek. <br />The existing and proposed uses include water wildlife, enhance area, protect the natural <br />environment, stock fish, and water range cattle. Some of these uses are similar in nature to instream <br />flow use. Section 37-92-102(3) C.R.S. provides: ...no other person or entity [other than the <br />CWCB] shall be granted a decree adjudicating a right to water or interests in water for instream <br />flows in a stream channel between specific points, .'" for any purpose whatsoever." Pursuant to the <br />afore-mentioned statute, the Applicant can not obtain a water right on Lime Creek that does not <br />constitute a legal1y cognizable beneficial use of that water. <br /> <br />Other Obiectors <br /> <br />There are no other objectors in this case. <br /> <br />L:\ WCTRANSISECClCase Filesl2000\J99CWOJ 1_ mem.doc <br />