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~_~ - = _ <br />~~_~__ <br />~~ s-- <br />LAZIER, '~icGO`1~7AIVT & STALKER <br />OF PROFESSIO\ ~L CORPOR~TIO\S <br />_ 2~~$ <br />~.~~- <br />Y ~! <br />62495 L.S. HIGHN`"AY 40 E.4.ST <br />P.O. BOX 5(~ <br />ST_~\-LEI- ~ti. G~ZIER, P.C. <br />ROD\~ R ~icG0~1=-1ti, P.C. <br />JoHti D. ~cai i.~R= P.c. <br />July 16, 2008 <br />GR~'`TBY, COLORADO 80446 <br />TELEPHO:v'E (970) 887-3376 <br />F_~X (970) 887-9430 <br />JOHti L. B.~R, PC_ <br />OF GOL~SEL <br />Ms. Linda J. Bassi <br />Colorado Water Conservation Board <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RE: Middle Park Water Conservancy District - De Minimus Rule <br />Dear Linda: <br />As you know, Mike Sayler is tied up on jury duty for the rest of this week. In <br />reviewing his correspondence to you as well as my files, I don't recall any specific <br />decree in which the court relied on the De Minimus Rule. Mike Sayler of course has <br />• been in other cases so he might have some examples. <br />As far as the history of the De Minimus Rule items I specifically remember <br />include discussions on the RICD statutory changes and statements that were made <br />with respect to the necessity of such a rule. Additionally the issue had arisen with <br />respect to some of Middle Park's earlier contractees' applications and I thought the <br />Division Engineer's Office was satisfied and 1 sometimes even provided a copy of the <br />CWCB action or lack of action as was routinely provided to the Board members. Lastly, <br />you may recall after the contentious litigation involving the CWCB and the Summit <br />County Agreement, the CWCB determined in light of that settlement that the purposes <br />of the De Minimus Rule were satisfied and it wouldn't allow any more Summit County <br />applicants to take advantage of the De Minimus Rule. <br />As viewed by many of us, the De Minimus Rule was intended to provide some <br />latitude with respect to minor development that was in fact necessary. Particularly <br />items that jump out at me where it has been used are garbage dumps and county <br />highway department facilities that are located outside the municipal limits in many <br />cases. <br />• <br />