BOARD02229

• Board Meeting Date: 1/24/2006
• Description: ISF Section - Proposed terms and conditions, Yellowjacket Canyon Creek, Montezuma County
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

To:

Colorado Water Conservation Board Members

Bill Owens
Governor

From: JeffBaessler
Todd Doherty

Russell George
Executive Direclor

Rod Kuharich
eWeB Director

Date January 13, 2006

Rick Brown, Acting
Deputy Director

Re: Agenda Item 27, January 24-25, 2006-- Board Meeting
Stream aud Lake Protection--YelIowjacket Canyon Creek
Additional Language Included

General Background
At the November 2004 CWCB meeting, Staff provided notice that the Bureau of Land Management
(BLM) was interesting in an instream flow appropriation on Yellowjacket Canyon Creek through the
Canyons of the Ancient National Monument in Montezuma County, At that time, the Southwestern Water
Conservation District (SWCD) raised some concerns and requested that this recommendation be delayed
to develop terms and conditions acceptable to the CWCB, SWCD and BLM, To gain a better
understanding of this stream system and to begin discussion of the issues associated with an instream flow
on this stream, a field trip was held on April 21, 2005, Participants included: CWCB (Rod Kuharich. Dan
Merriman, Todd Doherty), Dolores Water Conservancy District (Philip Saletta and Don Schwindt),
SWCD (Steve Harris), Division of Water Resources (Ken Beegles, Bruce Whitehead, Marty Robbins),
BLM (Roy Smith), Anasasi Heritage Center representatives and Logan Gafford, a landowner on the creek.

Terms and Conditions
The CWCB, SWCD and BLM have agreed to the attached terms and conditions regarding the proposed
instream flow appropriation on Yellowjacket Canyon Creek. The objective was to provide a stable flow
regime over time through an instream flow appropriation while protecting the interests of the water users
within the Yellowjacket Canyon Creek basin as well as those of the Montezuma Valley Irrigation
Company (MVIC) and the DWCD, .

Staff Recommendation:
When the Board takes final action on Yellowjacket Canyon Creek, Staff recommends that the Board direct
Staff to request the Attorney General's Office to include the attached terms and conditions in the
applications and decrees for the in stream flow appropriations on Yellowjacket Canyon Creek. Staff will
request the Board to form their intent to appropriate instream flow water rights on Yellowjacket Canyon
Creek in Agenda Item 29,