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<br />. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural 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.lls <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: <br /> <br />Russell George <br />Executive Director <br /> <br />Colorado Water Conservation Board Members <br /> <br />From: Dan Merriman and Linda Bassi <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date: May 12, 2005 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Agenda No, 32, May 24-25, 2005 Board Meeting: Application of the United States of <br />America (Case Nos. 4-99CW267 and 4-99CW268) - Pretrial Resolution <br /> <br />This agenda item addresses proposed pretrial resolutions of the water rights applications filed by the <br />United States Forest Service in Case Nos, 4-99CW267 and 268 associated with the Iron Bog Spring <br />and on Spring Creek. <br /> <br />Background <br /> <br />Case No. 4-99CW267 <br />In December 1999, the United States Forest Service ("USFS") applied to the Division 4 Water Court <br />for a water right associated with the Iron Bog Spring, for ,2 cfs for irrigation of riparian habitat and <br />wildlife use. The application identified the somce of water as springs tributary to unnamed stream, <br />tributary to Coal Creek. The CWCB objected to the application because it appeared that the USFS <br />was claiming a water right in a spring to maintain and preserve the natural environment. The State <br />and Division Engineers also objected to the application, <br /> <br />After the USFS filed its application, the Board declared its intent to appropriate a natural lake level <br />for the Iron Fen as a natmallake on January 23, 2002. Several entities filed Notices to Contest this <br />pending appropriation, On July 12, 2002, based upon its negotiations with the parties, the CWCB <br />Staff filed an Unopposed Motion to Postpone Prehearing Statement Deadlines and Prehearing <br />Conferences. By this Motion, Staff requested the Board to delay final action on the Iron Fen <br />appropriation to allow sufficient time to study the ground water I smface water connection regarding <br />the Iron Fen and to preserve January 23,2002 (the date the Board publicly declared its intent to <br />appropriate) as the earliest appropriation it may claim for the Iron Fen natural appropriation, On <br />July 23,2002, the Board granted Staffs Motion, The Board's natural lake appropriation is still <br />tabled at this time; however, the USFS has agreed to a proposed decree no less restrictive than the <br />final decree, attached hereto, Essentially, the USFS has reduced its claim to a ,033 cfs spring flow <br />for wildlife and stock watering purposes. <br /> <br />Colorado Water Conservation Board <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Plarming <br />