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<br />(-:J <br />,>:-) <br />1-4 <br />1-4 <br />co, <br />~ <br /> <br />. <br /> <br />. <br />STATE OF COLOMDO <br />o <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br /> <br />ROY ROMER, GOVERNOR <br /> <br />MEMoRANDUM <br /> <br />- <br />J. William McDonald <br />Director <br />David w. Walker <br />Deputy Director <br /> <br />To: Members, CWCB <br />FROM: Bill McDonald <br /> <br />DATE: September 22, 1987 <br /> <br />SUBJECT: Agenda Item 22, October 1-2, 1987, Board Meeting-- <br />Previously Decreed Private Instream Flow Water Rights <br /> <br />It has recently come to the staff's attention that several <br />instream flow and natural lake level appropriations were filed <br />.in 1973 in the Taylor River Basin in Water Division 4 by <br />private parties. The applications were all filed in September, <br />1973, shortly after the adoption of the state's instream <br />flow/natural lake level statutes. They were decreed in <br />November. 1975. A list of these instream flow and natural lake <br />level water rights is attached. <br /> <br />The Board apparently did not file statements of opposition <br />to these applications. Furthermore, a review of the Board <br />minutes for the 1973-l975 period did not reveal any <br />consideration by the Board of these applications. General <br />comments in the minutes of that period did reflect the position <br />that only the Board could hold instream flow and natural lake <br />level water rights. <br /> <br />In December. 1972, prior to the passage of the instream <br />flow statutes, the Rocky Mountain Biological Laboratory (RMBL) <br />obtained decrees on seventeen natural lakes and ponds in what <br />later was designated as the Galena Mountain/Mexican Cut Natural <br />Area located near Gothic in Gunnison County. These decrees <br />were for piscatorial, biological research and teaching, <br />wildlife procreation, and natural heritage preservation <br />purposes. <br /> <br />48l7E <br />