Board Meeting 12/09/1998

• Board Meeting Date: 12/9/1998
• Description: ISF Section - Additional Information Regarding the Water Availability Analysis for the Tennessee Creek Instream Flow Recommendation
• Board Meetings - Doc Type: Memo

Colorado Water Conservation Board
Department of Natural Resources
721 Centennial Building
1 313 Sherman Street
Denver, Colorado 80203
Phone, [phone]
FAX: [phone]

STATE OF COLORADO

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MEMORANDUM

Roy Romer
Governor

James S., Lochhead
Executive Director, DNR
DariesC. Lile, P.E.
Director, eweB
Peter H. Evans
Acting Director, ewes

TO:

Colorado Water Conservation Board Members

FROM: Dan Merriman
Mark Uppendahl

DATE: December 8, 1998

SUBJECT: Additional Information Regarding the Water Availability Analysis for
the Tennessee Creek Instream Flow Recommendation.

As per the CWCB's request DOW and CWCB staff collected additional data regarding
the proposed Tennessee Creek instream flow recommendation, On November 24, 1998,
staff obtained permission from the Pueblo Board of Water Works to gain access to
Tennessee Creek above the confluence with the East Fork of Tennessee Creek. Staffs
also asked for permission to access the Eagle Sky Foundation (ESF) property at this same
time but were unable to get permission. The ESF did give staff permission to access their
property at a latter date but due to scheduling conflicts DOW and/or CWCB staff was
unable to do so. Staff has also reviewed the additional data provided by ESF. Staff
received some of this data on the afternoon of December 8, 1998.

The proposed Tennessee Creek instream flow recommendation begins at the confluence
of Tennessee Creek and Longs Gulch and ends at the confluence with the East Fork of
the Arkansas River. The proposed reach is approximately 4,5 miles long. The CWCB
currently holds upstream decreed instream flow water rights on Tennessee Creek for 5 cfs
(Case No. 2-82CWI43) this segment is approximately 2.4 miles long and Longs Gulch
for 2 cfs (Case No, 2-82CW160) this segment is approximately 6.2 miles long, The
Tennessee Creek and Longs Gulch in stream flow water rights are year-round flow rights.
In addition to the CWCB's above rights, the Board holds an instream flow water right on
East Tennessee Creek (Case No. 2-77W4650) for 2 cfs year-round.

The Objectors to the proposed Tennessee Creek instream flow recommendation have
raised the following concerns regarding staff's water availability analysis:

1)

ESF claims that the diversions from two ditches (Lucas Ditch and the Martin-
Holn Ditch) could have an effect on the water available for the Board's instream
flow appropriation;
ESF claims that East Tennessee Creek contributes significant flows to Tennessee
Creek;

2)