BOARD02450

• Board Meeting Date: 7/20/2004
• Description: ISF Section - Proposed Case Resolution Case No. 1-02CW240, Center of CO Water Conservancy District
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX, [phone]
www.cwcb.state.co.us

Bill Owens
Governor

MEMORANDUM

To:

Members, CWCB

Russell George
Executive Director

From: Dan Merriman
Ted Kowalski

Rod Kuharich
CWCB Director

Date: July 11,2004

Dan McAuliffe
Deputy Director

Re: Consent Agenda Item La, July 20-21, 2004 Board Meeting
Stream and Lake Protection; Proposed Case Resolution
Case No. 1-02CW240; Center of Colorado Water Conservancy District

Background
The Board ratified the statement of opposition filed in this case at its January 23, 2002 board meeting.
This was an application for a change of water rights and augmentation on Michigan Creek and
Tarryall Creek, near the Town of Jefferson. The Applicant has since withdrawn the augmentation
portion of the application and is now only seeking to decree a change in the points of diversion from
several ditches to several other ditches, which could have injurious effects based on different
delayed irrigation return flows. The Applicant has provided adequate analysis to demonstrate that
the largest impact from these changes will occur on Michigan and Tarryall Creeks will be
approximately .03 cfs and .006 cfs. These amounts would be de minimis.

CWCB Appropriations
The Board has appropriated an instream flow water rights on Michigan Creek and Tarryall Creek for
7 cfs year round for each creek. The CWCB water rights could be injured by this application
because of the change in the delayed irrigation return flows. There are no other de minimis amounts
set aside for either creek.

Proposed Settlement
The Applicant has proposed a settlement of this matter whereby the CWCB would consent to a decree
no less restrictive than a decree that includes such de minimis limitations.

Staff Recommendation
The Applicant requests, and the Staff recommends, that the Board recognize the impact to its instream
flow right as de minimis, based on the information provided, and enter into the above-described
settlement of this matter. This de minimis amount would be reflected in the CWCB's de minimis
database.

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning