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STATE O F COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3441 <br />FAX: (3 03) 866-4474 - <br />www. ewcb. state. co.us <br />December 17, 2001 <br />Bill Owens <br />Governor <br />Greg E. Waleher <br />Executive Director <br />Rod Kuharich <br />CWCB Director <br />Dan McAuliffe <br />Deputy Director <br />Mr. Dennis Gelvin, General Manager and Mr. Rick Sackbauer, Chair <br />Eagle River Water and Sanitation District <br />846 Forest Road STATE'S <br />Vail, CO 81657 EXHIBIT <br />Re: Case No. 5- OOCW259 <br />Dear Gentlemen: <br />M <br />I am writing to you to suggest that we meet to discuss your pending application for a <br />recreational in- channel diversion, located in Vail, Colorado. <br />The Colorado Water Conservation Board "CWCB" <br />� ) is not entirely opposed to your <br />application. Rather, the CWCB seeks to assure that your appropriation is for amounts that are, as <br />identified in the statute, "reasonable and appropriate, under reasonably efficient practices to <br />accomplish without waste the purpQse for which the appropriation is lawfully made...." In addition, <br />your appropriation needs to demonstrate a requisite amount of control so as not to violate the <br />exclusive authority of the CWCB to appropriate instream flows between specific points. <br />•�� -� • - e C � G$ h�: s •sett•et��h�e Fort - s--iz • e on cases, and the Board is actively <br />pursuing settlement.wlth Aspen. Thus, we have a proven track record -of settling these types of <br />cases, where the amounts are reasonable and appropriate. I believe that further discussions along <br />these lines could prove mutually beneficial. <br />As you know, the CWCB is in the process of appealing the Golden decision to the Colorado <br />Supreme Court. The Court's decision in this matter may have a direct bearing on your pending <br />application. Your application is not subject to Senate Bill 216 and the Water Court will hear your <br />application under the laws existing at the time of your appropriation. <br />A Supreme Court ruling adverse to the CWCB will cause us to re- examine the level of our <br />opposition to your application. I would suspect that if we are successful in our appeal, it will likely <br />affect the outcome of your application. Regardless, . is my suggestion that as public agencies it <br />would be prudent to await a decision in the Golden case. The CWCB has requested a stay in this <br />Flood Protection • Water Supply Planning and Finance • Stream and Lake.Protect;n„ <br />Worn. n_-._ -.• -. <br />