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U1335 <br />4653 Table Mountain Drive Jan 42007 <br />3:42PM <br />Golden, Colorado 80403 <br />Ms. Carolyn F. Burr <br />Ms. Olivia D. Lucas <br />Ryley, Carlock & Applewhite <br />1999 Broadway, Suite 1800 <br />Denver, Colorado 80202 <br />Dear Carolyn and Olivia: <br />In Case No. 06CW9, the City of Durango has applied for a Recreational In- Channel Diversion <br />(RICD) right on the Animas River in Durango, Colorado. Five control structures are proposed in <br />a reach of the river that extends more than 1,000 feet in Sections 32 and 35, Township 35 North, <br />Range 9 West. N.M.P.M. The claimed date of appropriation is February 23, 2006. Various flow <br />rates are claimed for the structures during several periods of the year. The maximum claimed <br />flow rates range from 185 cfs from October 1 - March 14 to 1,400 cfs from June I — June 14. <br />These flow rates are claimed from 6:00 a.m, to midnight during competitive events, and 8:00 <br />a.m. to 8:00 p.m. all other times. <br />W. W. Wheeler and Associates prepared a supporting technical document, entitled, "City of <br />Durango Boating Park Hydrology Study" (February 2006). Table I in that document <br />summarizes the calculated number of days in a study period in which the boating park claims <br />would have been satisfied. In each time period, the flow would not have been fully met at all <br />times. The percents of times the flows would have been met for the time periods would have <br />ranged from 59 to 95. The Durango RICD could be expected to become the calling right on the <br />Animas River whenever its decreed flow rate is not met. Competitive events most likely will be <br />held in the late spring and summer. Table I shows the claimed flow rate would have been met <br />only 59 percent of the time in July. <br />During December 2006, Public Service Company of Colorado d/b /a Xcel Energy (PSCo) filed an <br />application to adjudicate an existing use of water on Canyon Creek in support of PSCo's <br />operations at Tacoma Hydro. The diversion point is Iocated in Section 31, Township 38 North <br />Range 8 West of the N.M.P.M. The amount claimed is 5.0 cfs, absolute, with a claimed <br />appropriation date of June 7, 1906, which would make this right senior to the Durango RICD <br />right. Tacoma Hydro has historically used water from Canyon Creek for essential power <br />production purposes, including cooling of bearings and transformers, as well as other ancillary <br />uses. Canvon Creek is tributary to the Animas River upstream from the City of Durango and the <br />claimed RICD. <br />EXHIBIT <br />A <br />