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<br />i <br /> <br />, <br /> <br />.. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of N aturaI Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br /> <br />To: <br /> <br />Colorado Water Conservation Board Members <br /> <br />Bill Ritter, Jr. <br />Governor <br /> <br />From: Jeff Baessler <br />Todd Doherty <br /> <br />Harris D. Sherman <br />Executive Director <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date January 10, 2007 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Agenda Item 27, January 23-24, 2007- Board Meeting <br />Stream and Lake Protection - North Fork Escalante Creek <br />Final Action Requested <br /> <br />General Background <br />Pursuant to Rule 5h. of the Instream Flow and Natural Lake Level Rules ("ISF Rules"), <br />the stream segment on the North Fork Escalante Creek is being recommended to the <br />Board for Final Action. At the May 2006 CWCB meeting, the Board extended the <br />deadline to file a Notice to Contest and adopted a modified hearing schedule for the <br />proposed instream flow appropriation on North Fork Escalante Creek. Notices to Contest <br />were received by Mika Ag Corporation, Trout Unlimited, BLM and Western Resource <br />Advocates. The parties were able to reach resolution and have all withdrawn their <br />contested status. <br /> <br />Technical Investigations <br />The Board was provided detailed information regarding all field data, studies and <br />analyses for each stream segment at the January 24-25, 2006 Board meeting. At that <br />meeting the Board declared its intent to appropriate the specific instream flow water <br />rights. <br /> <br />Natural Environment Studies <br />The Bureau of Land Management (BLM) have conducted field surveys on this stream <br />and found a natural environment which can be preserved. To quantify the resources and <br />to evaluate instream flow and natural lake level requirements, the BLM staff collected <br />biologic and hydraulic data, and the CWCB staff reviewed and analyzed this data. Based <br />on the results of these reviews/analyses, the CWCB staff prepared recommendations for <br />the amount of water necessary to preserve the natural environment to a reasonable degree <br />for the North Fork Escalante Creek. <br />