Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
CWCB board declares intent on eight headwater in‑stream flows, approves Vermilion and Mill Creek actions
Loading...
Summary
The Colorado Water Conservation Board declared intent to appropriate eight headwater in‑stream flow reaches and approved final actions on Vermilion Creek and a negotiated Mill Creek settlement that includes a 20‑year lease and temporary subordination to allow mine reclamation work. The steps aim to protect native fish and riparian habitat while accommodating local operations.
The Colorado Water Conservation Board on Monday declared its intent to appropriate in‑stream flow (ISF) protections for eight headwater stream reaches and approved final actions on two priority appropriations, Vermilion Creek and Mill Creek.
In a voice vote the board moved to publish notice of intent to appropriate ISF water rights for eight recommended headwater reaches across multiple hydrologic divisions, a staff step that begins the three‑meeting statutory process that includes public workshops and a final vote if uncontested. Brandy Logan, who leads the ISF program, told the board the recommended reaches are largely CPW‑driven headwater proposals designed to protect native fisheries and riparian habitat.
The board took final action on Vermilion Creek (Division 6) after staff and the U.S. Bureau of Land Management shortened the upper terminus of the recommended reach following landowner concerns. Rob Veil, CWCB staff, said BLM and recommending parties revised the upper terminus to focus on the perennial canyon reach and set an appropriation filing window late in 2026 to allow stakeholders time to compile operational information under the statutory process. The motion to approve Vermilion Creek carried by voice vote.
The most complex decision involved Mill Creek (Division 6), where a multi‑party contested process had raised concerns that a senior, year‑round ISF could interfere with planned mine reclamation work and the emergence of springs that might require treated discharges. After months of negotiation, CWCB staff and the mine operator reached a settlement that the board approved.
Under the settlement summarized for the board, CWCB will subordinate its Mill Creek ISF to depletions tied to treatment of emergent springs associated with mine reclamation for a 20‑year period; file an ISF application and stipulation in water court that reflects the agreement; obtain an adjudicated appropriation date; and receive a 20‑year lease of the Mill Creek No.1 Ditch water rights from the mine operator to support interim flows while parties implement the settlement. The agreement also gives CWCB a preferential opportunity to negotiate a future purchase of those ditch rights if they are offered for sale.
Aaron Ladd, counsel for the mine operator, told the board the settlement is the product of intensive weekly negotiations and provides a workable balance between protecting Mill Creek habitat and enabling necessary mine reclamation water treatment. Roy Smith of BLM described the outcome as a rare collaborative solution that protects native fish spawning habitat while addressing operational needs of other basin stakeholders.
Board members praised staff and partner agencies for months of field work and negotiations. Several directors cautioned staff to continue outreach and education with the local division engineer and water users so that future ISF administration and any subordination are well understood by on‑the‑ground water administrators.
Next steps: staff will notice the board’s intent on the newly recommended reaches, hold the statutorily required workshops and, where items proceed uncontested, return for final appropriation votes at future meetings.
