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... . . . . STATE OF COLORADO Colorado Water Conservation Board Department of N alma! Resources 131) ShmnanStrttl. Room 721 Denver, Colorado 80203 Phone ()OJ) 866-3441 FAX: (J03) 866-4474 www_cwcbsfatt'.co.us To: Colorado Water Conservation Board Members Bill Qv,.-ens Governor From: JeffBaessler Todd Doheny Russell George Executive Director Rod Kuharich eweB Director Date November 4. 2005 Rick Brown, Acting Deputy Director Re: A~enda Item 14, November 14-16, 2005- Board Meeting Stream and Lake Protection - North fork Smith fork Gunnison River Hearing Background On January 25, 2005, the ewes formed its intent to appropriate instream flow water rights on the North Fork Smith Fork Gunnison River (Gunnison County). During the public comment period, concerns were raised regarding the Board's instream flow appropriations in the North Fork and Smith Fork Gunnison basins, including the North Fork Smith Fork Gunnison River appropriation. In response to the concerns from the local water users, Staff attended several meetings in Hotchkiss to explain the CWCS's proposed instream flow appropriations and to hear concerns. During these meetings, Staff requested that anyone with concerns regarding these appropriations to submit them in writing. Staff considered all written correspondence expressing specific concerns as formal 'Notices to Contest.' Contested Parties StafTreceived a Notice to Contest for the North Fork Smith Fork Gunnison River from Ms. Dixie Luke and Mr. William Linmann, President of the Crawford Clipper Ditch Company, prior to the March 31 st deadline (attached). After subsequent meetings with the local water users and reviews of the Notices to Contest. Staff determined that the concerns regarding the North Fork Smith Fork appropriation were either in error or were on philosophical grounds rather than factual grounds including water availability, injury or natural environment. Staff has attempted to resolve concerns with the contested parties and has received a withdrawal of Dixie Luke's Notice to Contest on July 19, 2005 (attached). Since receiving Mr. Linmann's 'Notice to Contcst,' Staff has held two telephone conversations with Mr. Linmann to attempt to understand and resolve those concerns. During both of those conversations, Mr. Linmann concurred with Staff's findings that the Crawford Clipper Ditch is located downstream from any of the proposed instream flow appropriations and would not be adversely effected by these instream flow rights on the Smith Fork or its tributaries. Mr. Linmann continued to raise skepticism of the CWCB's Instream Flow Program and stated he would not withdraw his Notice to Contest on philosophical grounds although no specific concerns were raised. Both telephone conversations were held prior to the pre-hearing conference of which Mr. Linmann was formally notified and did not attend. Pre-hearing statements were submitted by CWCB Staff, Colorado Division of Wildlife and Trout Unlimited (anached). Since Mr. Linmann did not submit a pre-hearing statement, it was not necessary for Staff or the other parties to submit rebuttal statements. Staff has sent Mr.