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Colorado Water Conservation Board +, , <br />Department of Natural Resources ' ~~~~°lo <br />1313 Sherman Street, Room 721 ~ ~Q~, ~~; ~~~d ' <br />~, E~.<y ~: p .~ <br />Denver, Colorado 80203 ~ -~ <br />Phone: (303) 866-3441 * ~>~~~~ <br />E * C,S~~E-,h`fl~~~ <br />Fax: (303) 866-4474 ~ Ig~6 * ' <br />www. cwcb. state. co.us <br />Bill Ritter, Jr. <br />Governor <br />T0: Colorado Water Conservation Board Members <br />Harris D. Sherman <br />DNR Executive Director <br />FROM: Linda J. Bassi, Chief <br />Stream and Lake Protection Section Jennifer L. Gimbel <br />CWCB Director <br />Dan McAuliffe <br />DATE: July 14, 2008 cwcB Deputy Director <br />SUBJECT: Agenda Item 13, July 22-23, 2008 Board Meeting <br />Stream and Lake Protection --Lower San Miguel Water Resources Planning <br />Study <br />Introduction <br />This is an informational agenda item with no request for Board action. Dan Merriman of Harris <br />Water Engineering, Inc. will present the results of a study entitled "Lower San Miguel Water <br />Resources Planning Study." The study, which was j ointly funded by the CWCB and the <br />Southwestern Colorado Water Conservation District, addresses the "Uravan Water Rightsl," a <br />portion of which were conveyed to the CWCB in 1987, with the rest to be conveyed to the <br />CWCB in the future. The objectives of the study were: (1) to determine how to best utilize the <br />Uravan Water Rights that have been and will be conveyed to the CWCB to best meet instream <br />flow needs and the needs of the local communities and water users with minimal impact to the <br />basin; and (2) evaluate a possible water supply for the Uravan Ball Fields prior to the <br />conveyance of the remaining water rights to the CWCB. Abound copy of the Study is in the <br />back pocket of the Board notebook, or for non-Board members, attached to this memo. The <br />Study contains copies of documents relevant to the Uravan Water Rights. <br />Background <br />In 1983, the State of Colorado initiated a lawsuit in U.S. District Court against Union Carbide <br />and its subsidiaries under the Comprehensive Environmental Response, Compensation, and <br />Liability Act (CERCLA) for the release of hazardous substances from its Uravan mill in western <br />Montrose County. In 1984, Union Carbide formed the Union Metals Corporation (Umetco) to <br />address the litigation and reclamation activities at the mill site. The litigation was resolved by the <br />entry of a consent decree in February 1987. Under the terms of the Consent Decree, the CWCB <br />received a deed for the Miguel Power Company Canal water right, decreed for 240 cfs for power <br />generation, 200 cfs of which was decreed abandoned in 1985. Further, the Johnson Ditch water <br />rights and several wells were placed in a trust (Uravan Water Trust) to be used for remedial <br />activities at the mill and to be made available to any San Miguel River water user who claimed to <br />1 The Uravan Water Rights include the Johnson Ditch water rights, various wells, and the Miguel Power Company <br />Canal water rights, all of which were used in connection with a Union Carbide mill site in Uravan, Colorado. <br />Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance <br />Water Conservation & Drought Planning • Intrastate Water Management & Development <br />