BOARD02579

• Board Meeting Date: 3/21/2002
• Description: ISF Section - Re-ratification of SOP and Authorization to Proceed to Trial Town of Breckenridge/Boat Chute, Case No. 5-00CW281 and Eagle River Water and Sanitation District, Case No. 5-00CW259
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone, [phone]
FAX' [phone]
WWW.cwcb.state.co.llS

MEMORANDUM

Bill Owens
Governor

To: CWCB Members

GregE. Walcher
Executive Director

From:

Rod Kuharich
CWCB Director

Dan Merriman and Ted Kowalski

Date: March 11,2002

Dan McAuliffe
Deputy Director

Re: Agenda Item 16, March 21-22, 2002 Board Meeting--
Stream and Lake Protection - Re-ratification of Statement of
Opposition and Authorization to Proceed to Trial. Town of
Breckenridge/Boat Chute, Case No. 5-00CW281 and Eagle River Water
and Sanitation District, Case No. 5-00CW259

Background
The Town of Breckenridge ("Breckenridge") and the Eagle River Water and Sanitation District
("ERW&SD") have filed for conditional water rights for recreational in-channel diversions on
the Blue River and on Gore Creek, respectively. Breckenridge's application claims conditional
water rights for up to 524 cfs for fifteen structures in a reach of stream that is approximately
1800 feet long for the following claimed uses: all forms of boating and floating, piscatorial, and
general recreational uses, The ERW&SD's application claims conditional water rights for up to
400 cfs for three structures in a reach of stream that is approximately 300 feet long for the
following claimed uses: boating (including kayaking, rafting, and canoeing), piscatorial, and
general recreational uses, The amounts claimed were claimed as conditional rights because, at
the time the application was filed, the flows in the Blue River and Gore Creek had not attained
the amounts claimed,

In February 200 I, the CWCB filed statements of opposition in both cases, in part, because:

1. Section 37-92-102(3), C.R.S, (1999) provides: ", , . no other person or entity [other than the
CWCB] shall be granted a decree adjudicating a right to water or interests in water for
instream flows in a stream channel between specific points, .." for any purpose whatsoever";
2. The Applicant must be held to strict proof as to its claim that it is diverting the water claimed
in its application; and,
3. The Applicant must be held to strict proof that it is seeking a water right that is a legally
cognizable beneficial use of that water.

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