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• Board Meeting Date: 7/22/2008
• Description: ISF Section - Lower San Miguel Water Resources Planning Study
• Board Meetings - Doc Type: Memo

Lower San Miguel yVa~er Resource Planning Study
Page 22
• The Miguel Power Company Canal water rights should be relinquished to the
stream.
The District Court, Water Division 4, abandoned 200 cfs of the original 240 cfs of the
Miguel Power Company Canal in July of 1985. The remaining 40 cfs were then
conveyed to the CWCB. The extensive history of non-use of these water rights dating
back to 194o makes any potential change of water right questionable. Should all or
some portion of these water rights be changed, the water administration within the San
Miguel Basin could be abruptly upset. Therefore, the SWCD recommends that the
CWCB relinquish these rights to the stream and pursue a new junior instream flow
water right with the necessary protections to minimize any water rights impacts in the
basin. Such protections which could be considered are the use of conditional depletive
flow water rights, or for SWCD or the local governmental entities to file for water
rights to meet the future needs of the community.
• The spirit of cooperation among the local governments, local water users, special
interest groups, state and local agencies and the public should be maintained and
encouraged as these recommendations are followed. An example of this type of j Dint
cooperation is the on-going effort between the Colorado Cooperative Company (CCC),
The Colorado Water Trust, The Nature Conservancy, Trout Unlimited, SWCD and the
CWCB to reconstruct the CCC ditch headgate to improve the conditions on the river for
recreation, the fishery and the efficient use of water.
• Maintaining the balance presented in these recommendations is very important.
For one recommendation to move forward without the other could upset the delicate
balance between meeting instream flow needs and the needs of the local communities
while insuring minimal impact to the basin. In that regard, the CWCB, SWCD and the
local communities should continue to communicate and cooperate regarding the Uravan
water rights and the ISF recommendation on the San Miguel River.
• Consultation with the Division Engineer is recommended prior to any water court
action due to the extensive history of non-use or limited use of the Uravan Water
Rights.
Note: The individual parties would be responsible for covering their own cost for the
implementation of any of the above recommendations.
The SWCD believes that these preliminary recommendations represent the best way for the
CWCB to utilize the Uravan Water Rights to meet the needs of the local communities, and to
help pave the way for the new instream flow recommendations the CWCB is considering, with
minimal impact to the basin.
~Iuly 2008