From Aspen Journalism (Heather Sackett):
Ouray County is asking the state water board to delay a water court filing designed to protect streamflows so it can try to resolve issues in a separate but related water court case.
In July, the Colorado Water Conservation Board approved an instream flow water right on Cow Creek, a tributary of the Uncompahgre River, and asked staff to file for the right in water court by the end of this year. Instream flow rights are held exclusively by the state with the goal of preserving the natural environment to a reasonable degree. The state board, which is charged with protecting and developing Colorado’s water supply, holds instream flow rights on about 1,700 stream segments and 9,700 miles of stream throughout the state.
Now, Ouray County is asking the CWCB to delay the filing by six months so that the two governmental entities can try to work out the board’s opposition to a reservoir and pipeline project on Cow Creek on which the county is a co-applicant. CWCB directors will consider the request at their regular meeting Thursday.
In a November letter to Ouray County, Robert Viehl, the CWCB’s chief of the Stream and Lake Protection Section, noted that state statutes set clear rules and timelines for commenting and making hearing requests, and that the county’s request to delay the filing falls outside of those parameters.
“Any entity had the opportunity to state concerns with the Cow Creek appropriation and filing of the water right at the CWCB’s March, May and July 2021 meetings, when the appropriation was noticed before the board,” the letter reads. “This request by Ouray County is outside of the set administrative process for the appropriation and filing on instream flow water rights.”
The CWCB, at the recommendation of Colorado Parks & Wildlife, is seeking instream flow protections for a 7.4-mile reach of Cow Creek — from its confluence with Lou Creek to its confluence with the Uncompahgre River, downstream of Ridgway Reservoir. CPW says this reach contains important fisheries, including the last-known remnant population of bluehead sucker in the upper Uncompahgre River basin.