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STATE OF COLORADC <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />131 3 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3441 <br />M E M O R A N D U M <br />TO: Members, CWCB <br />FROM: Dan Merriman <br />DATE: March 13, 1991 <br />Ro% Romer <br />G nernor <br />Dazed W Milke r <br />Director <br />SUBJECT: Agenda Item 21j, March 21 -22, 1991, Board Meeting-- - <br />Statements of Opposition, Instream Flow Program <br />Case No. 4- 90CW163; Gunnison Power, Inc. <br />Appli cation Summar <br />This is an application for a water storage right in Lake <br />San Cristobol on the Lake Fork Gunnison River near Lake City in <br />Hinsdale County (see attached map). Applicant has requested <br />the right to store approximately 14,000 AF for recreational and <br />piscatorial uses as well as for preservation of the natural <br />environment. Applicant has claimed an appropriation date of <br />July 20, 1956. <br />Discussion <br />Lake San Cristobol is a natural lake that was formed <br />thousands of years ago by the Slumgullion landslide. The Board <br />has a natural lake level filing on the lake which was decreed <br />in 1977 with a May 12, 1976, appropriation date. <br />The staff has discussed this application with the Attorney <br />General's Office, and a review of the statutues relating to <br />natural lake level filings has been made. Pursuant to <br />37- 92- 102(3) C.R.S., <br />...[T]he Colorado Water Conservation <br />Board is ... vested with the exclusive <br />authority ... to appropriate... such waters of <br />natural streams and lakes ... for natural <br />surface water levels or volumes for natural <br />lakes to preserve the natural environment <br />to a reasonable degree. ...[N]o other <br />person or entity shall be granted a decree <br />adjudicating a right to water or interests <br />in water for ... natural surface water levels <br />or volumes for natural lakes, for any <br />Purpose whatsoever (Emphasis added) <br />3987E* <br />