1990 TNC Board Memo - Laserfiche WebLink

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~d --, COLORADO WATER CONSERVATION BOARD Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Phone: (303) 8(,6-3441 STATE OF COLORADO - MEMORANDUM Roy Romer Governor ,. William McDonald Director David W. Walker Deputy Director TO: Members. CWCB FROM: Bill McDonald DATE: March 14. 1990 SUBJECT: Agenda Item 12. March 22-23, 1990. Board Meeting-- Proposed Donation of Water Rights for Instream Flows on the Gunnison River Introduction Please find enclosed the final draft of the subject donation agreement and a March 5 cover memo which went to interested parties. While that cover memo solicited pUblic comment. I have not received any communications as of this date. Discussion FOllowing the January Board meeting. I received a letter from the City of Aurora (copy enclosed) objecting to certain aspects of the proposed donation. My response (copy enclosed) indicates what changes were made in the enclosed draft of the donation agreement versus items which were not changed. The final remaining issue at the January meeting was the "anti-stacking" provision of paragraph 14(d). In the enclosed draft of the donation agreement. you will note that there are two alternatives for paragraph 14(d). This reflected the fact that this matter was still under discussion at the time that the enclosed draft was prepared. Alternative 1 for paragraph 14(d) responds to the concerns raised at the January Board meeting by various Board members who objected to the original formulation of paragraph 14(d). that being alternative 2 in the enclosed draft. It now appears that alternative 1 is acceptable to the water users if possible ambiguities in paragraph 14(e) are cleared up. I think the problems with paragraph 14(e) are merely drafting problems and I anticipate that any necessary changes can be readily agreed upon. With this. the agreement should be acceptable to both The Nature Conservancy and the water users. 2127E* ,