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<br />" <br /> <br />..... <br /> <br />. <br /> <br /> <br />-- <br /> <br />'/ <br /> <br />. <br /> <br />OX <br /> <br />J.D. MacFarlane <br />Attornev General <br /> <br />Joan E. Dubofsky <br />Deputy Attorney General <br /> <br />Edward G. Donovan <br />Sol ichor General <br /> <br /> <br /> <br />STATE SERVICES BUILDING <br />1525 Shorman Stroot, 3rd. Fl. <br />Donver. Colorado 80203 <br />Phono 892-3611 <br /> <br />DEPARTMENT OF LAW <br /> <br />OFFiCe: OF THE ATrORNEY GENERAL <br /> <br />Natural Resources Section <br /> <br />January 18, 1977 <br /> <br />IP)~'~W~WJ]~ <br /> <br />L~_:AN 2 0 1977~ <br />. COLO. WATER <br />CONSERVATION BOARD <br /> <br />Mr. Eldon Koontz <br />Water Clerk <br />Water Division No.7 <br />1'. o. Box 1910 <br />Durango, CO 81301 <br /> <br />RE: Cases No. W-1536-76 through 1548-76, inclusive; <br />Applications of the Colorado Water Conservation Board <br />pursuant to Senate Bill 97 <br /> <br />Dear Eldon: <br /> <br />r <br /> <br />I have reauested that Duane Helton of the Water Conservation <br />Board prepare the information requested by Mr. Crosby. However, <br />a couple of the items are not readily available, and I do not <br />believe we will be able to provide them pursuant to his request. <br /> <br />Specifically, I am unclear as to the source of a list of concerned <br />persons for each filing. The lakes are largely on National Forest <br />property, and I assume any individuals, other than the applicants, <br />who would be considered concerned will file statements of opposi- <br />tion thereto. Until such statements are filed, I have no idea <br />who those persons might,be. <br /> <br />Second, it is not possible for us to obtain a capacity table for <br />the reservoirs as requested by Mr. Crosby. These reservoirs are, <br />in fact, natural lakes which have not been drained or mapped for <br />the subsurface topography. Our approximated volumes for the lakes <br />are as a result of on-the-ground surveys by Division of Wildlife <br />personnel involving some depth measurement and shoreline measure- <br />ment. They are, however, approximations. <br /> <br />The purpose of Senate Bill 97, as I know you are aware, is to <br />attempt to preserve natural features for the use and benefit of <br />the people of the State of Colorado. It is not for the purpose <br />of storing water for a beneficial use other than the preserva- <br />tion of the natural environment. The use of a capacity table <br />would appear to me to be meaningless in light of the foregoing <br />interests and because the appropriation as made does not con- <br />template an increase or decrease in the level of the lake. <br /> <br />~ <br /> <br />___,'~~~7" ~- _ <br /> <br />