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<br />, <br />, . <br />'-1 <br /> <br />e <br /> <br />. <br /> <br />e <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />'313 Sherman Street <br />Denver, Colorado 80203 <br />Phone' (303) 866-3441 <br /> <br />STATE OF COLORADO <br />o <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Governor <br /> <br />David w. Walker <br />Director <br /> <br />TO: Members, CWCB <br /> <br />FROM: Dan Merriman <br /> <br />DATE: November 1, 1991 <br /> <br />SUBJECT: Agenda Item 19c, November 14-15, 1991, Board Meeting-- <br />Instream Flow Program: Staff Actions <br />Case No. 7-91CW029; Bertin <br /> <br />Application Summary <br /> <br />The applicant requests a change of water rights to serve a recently acquired ranch on the <br />Piedra River near the town of Pagosa Springs in Archuleta County (see attached map). <br />Applicant is proposing to change the point of diversion of a senior irrigation right approximately <br />one mile downstream to an existing headgate and to change the use to include year-round <br />domestic use. <br /> <br />CWCB Appropriations <br /> <br />The Board holds instream flow rights on two segments of the Piedra River both of which <br />are decreed for 70 cfs, summer, and for 40 cfs, winter, which could be injured by this <br />application. One segment carries an appropriation date of March, 1978, and the other carries <br />a .date of March, 1979. <br /> <br />Potential for Injury <br /> <br />The proposed change in use from a seasonal irrigation use to an irrigation and year- <br />round domestic use could impact the Piedra River by the full diversion amount in the winter <br />months. The maximum injury which could be expected to occur as a result of this application <br />has been calculated at 0.25 cfs. This represents approximately 0.63 percent of the Board's <br />instream flow right on the Piedra River. To date, there have been no other de minimis impacts <br />on the Piedra River. The staff has not filed a statement of opposition in this case in accordance <br />with Board procedures regarding de minimis injuries. <br /> <br />Staff Recommendation <br /> <br />The staff recommends that the Board ratify the staffs decision not to file a statement <br />of opposition in this case. <br /> <br />DCM/MU/gI <br />Attachment <br /> <br />File: 791CW029.sfa <br />