09-TownofTelluride

• Board Meeting Date: 9/10/2002
• Description: ISF Section - Consideration of Case No. 4-96CW313, Town of Telluride
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Greg E. Walcher
Executive Director

From: Dan Merriman and Ted Kowalski

Rod Kuharich
CWCB Director

Date: September 3, 2002

Dan McAuliffe
Deputy Director

Re: Agenda Item 9, September 11-12, 2002, Board Meeting-
Stream and Lake Protection - Consideration of Case No. 4-96CW313, Town
of Telluride

Back2round
The Board ratified the Statement of Opposition filed in Case No. 4-96CW313 at
its March 20-21, 1997 meeting. In this case, the Town of Telluride ("Town" or
"Telluride") is seek:ing a change of water rights on the San Miguel River and its
tributaries near Telluride. Telluride is seel(ing upstream alternate points of diversion for
a number existing downstream water rights, which are part of the town's municipal water
supply system, as well as existing rights acquired from the Idarado Mining Company. In
addition, the Town is seeking an appropriative right of exchange between the Town's
wastewater treatment plant and the proposed alternate points of diversion. In November
of 1997, the Board considered an injury with mitigation proposal by the Town for the
Board to accept injury to its instream flow water rights on the San Miguel River. (See the
attached memo and attachments). In January 1998, the Board voted to accept the injury
with mitigation proposal offered by the Town. (See the attached memo and attachments).
On August 18, 1998, the Board signed a stipulation whereby the Board agreed to a
proposed decree no less restrictive than the decree attached to that stipulation. (See the
attached stipulation and decree). On May 13,2002, the Town generated a new proposed
decree, which is also attached.

The Staff of the CWCB ("Staff') believes that the new proposed decree may not
be as restrictive as the decree attached to the Board's stipulation with the Town. The
Town disagrees. A trial in this case is set to begin on November 12, 2002. The Board's
Rule 9.50 provides: "In the event that a Statement of Opposition filed by the Board is not
settled prior to the last regularly scheduled Board meeting prior to the trial date, Staff