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<br />~ "i.:.r..~ ... ':i <br /> <br />Porzak Browning &JohnsonLLP <br /> <br />ATTORNEYS-AT.LAW <br /> <br />Glenn E. Porzak <br />Michael F. Browning <br />Richard A. Johnson <br />George v. Berg, Jr. <br />Steven J. Bushong <br /> <br />, 300 Walnut Street <br />Suite 100 <br />Boulder, CO 80302 <br />303 443-6800 <br />Fax 303 443-6864 <br /> <br />September 6, 1996 <br /> <br />Mr. Frederick Sackbauer <br />F. P. Sackbauer Enterprises <br />P.O. Box 3267 <br />Vail, CO 81658 <br /> <br />Dear Rick: <br /> <br />Pursuant to the request of the Board of Directors of the Eagle River Water and Sanitation <br />District, I have conducted a review of the decree for the Minturn Water System Ditch and the <br />State Engineer's historic diversion records of this water right. Based on the foregoing review, <br />please be advised as follows: <br /> <br />1. While the decree for the Minturn Ditch is for 7 cfs, the State Engineer's records <br />indicate a maximum diversion rate of 1.5 cfs. <br /> <br />2. The decree indicates that the population of Minturn for which the water right is to <br />be used is 500 inhabitants. This is similar to an acreage limitation contained in most irrigation <br />water rights decrees, and undercuts the argument that Minturn could use this water right to <br />supply a significant increase in its population. <br /> <br />3. The decree further specifies "that after the waters of Cross Creek shall have been <br />used for the beneficial uses aforesaid, by means of the Minturn Water System Ditch, the unused <br />waters shall be returned to the stream not more than a mile below the Town of Minturn." <br />[emphasis added]. The Town is already in violation of this requirement and could be forced to <br />augment the nonconsumptive portion of its current diversions. Moreover, this provision severely <br />limits the marketability of Minturn's water right. <br /> <br />4. The decree states that "no water shall be sold for irrigation purposes for use <br />outside the incorporated limits of the Town of Minturn." This provision, further limits the <br />marketability of Minturn's water right. <br /> <br />fd0722 <br />