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<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 />VIA FAX NO. 866-4474 <br /> <br />November 21, 1996 <br /> <br />1300 Walnut Street <br />Suite 100 <br />Boulder, CO 80302 <br />303 443-6800 <br />Fax 303 443-6864 <br /> <br />William E. Green, P .E. <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />RECE\VEO <br />NO~ 25 1996 <br /> <br />Colorado Vol a\e1 <br />se""atiOO Board <br />Coo ,. <br /> <br />Dear Bill: <br /> <br />During our telephone conversation on November 21, 1996, you implied that there might <br />linkage between the Bolts Lake and the Eagle Park Reservoir projects with regard to the pending <br />loan application for Eagle Park Reservoir. Accordingly, you have asked for the position of the <br />Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority and Vail <br />Associates with regard to the Bolts Lake project. <br /> <br />The official position of these three entities is that they have informed the Minturn Town <br />Manager that these entities are not in a position to agree to the use of the Minturn municipal <br />water right in c:onnection with the Bolts Lake project until such time as the Town of Minturn is <br />in compliance with the terms and conditions of its 1916 decree for its municipal water right. The <br />concerns of my clients with respect to the Minturn municipal water right are detailed in the <br />enclosed September 6, 1996 letter to the Water & Sanitation District's president. It is estimated <br />that the return flow issue set forth in the September 6, 1996 letter adversely impacts the Eagle <br />River instream flow and my clients a minimum of 400 af per year. Thus, the impact is not <br />diminimus and my clients are not in a position, at this time, to support a project that will only <br />further increase this impact as the Minturn municipal water right is the source for Bolts Lake. <br /> <br />Please be advised that we have provided a copy of the September 6 letter to Minturn and <br />have offered to work with the Town to solve their water supply problems. We have also <br />disclosed to them that we are forwarding onto the Conservation Board the enclosed September 6 <br />letter given the inquiry made by the Conservation Board staff. <br /> <br />Please do not hesitate to call me if you have any further questions regarding this matter. <br /> <br />Best wishes, <br /> <br />~ <br /> <br />Glenn E. Porzak <br /> <br />ee w/enel.: <br /> <br />Eagle River Water & Sanitation District Board Members <br />Upper Eagle Regional Water Authority Board Members <br />Paul Testwuide <br /> <br />fd0976 <br />