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<br />. <br /> <br />e\ <br /> <br />. <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman 'Street <br />Denver, Colorado B0203 <br />Phone: (0)) 866.)441 <br /> <br />ROY ROMER, GOVERNOR <br /> <br />. <br />STATE OF COLORADO <br /> <br />~ <br /> <br />ME MORA N DUM <br /> <br />TO: <br /> <br />Members. CWCB <br /> <br />') - _.- - ,~< <br /> <br />. '-"-'~ ,'. <br /> <br />J. WIlliam ,....\CDUlldld <br />Director <br />DaVId IN. Walker <br />Deputv Din'ctor <br /> <br />FROM: <br /> <br />Bill McDonald <br /> <br />__,1_'._ <br /> <br />......-......_~, <br /> <br />:<-,-~-':.:.....,. <br /> <br />DATE: December 1. 1987 <br /> <br />SUBJECT: Agenda Item 9. December 10-ll. 1987. Board Meeting-- <br />Towaoc Pipeline Project <br /> <br />Introduction <br /> <br />The state is obligated to construct the Towaoc Pipeline for <br />the Ute Mountain Ute Indian Tribe as a part of the Colorado Ute <br />Indian Water Rights Final Settlement Agreement. As you are <br />aware. the Board was authorized by section I of chapter 230. <br />Session Laws of Colorado 1986. to construct tbe pipeline. The <br />cost of the pipeline project is non-reimbursable in recognition <br />of the fact that its construction is a component of the final <br />settlement agreement. <br /> <br />Discussion <br /> <br />The design of and engineering for the project, including <br />the routing of the pipeline. have been completed. In the <br />course of preparing for construction. two issues have arisen <br />which need the Board's attention. <br /> <br />First. it has become apparent that we will need to obtain <br />easements across many parcels of land. including private <br />property. However. neither the Tribe nor the Board has the <br />power of condemnation. Although the Tribe could apparently <br />form one or more kinds of entities under Colorado law. such as <br />a pipeline company. which would have the power of -condemnation, <br />they have indicated that they are unwilling to do this. <br /> <br />While I do not know at this time that the power of <br />condemnation will even be needed since we _have not yet begun to <br />approach landowners along the preferred pipeline route. it <br />seems reasonable to assume that negotiated acquisitions of the <br />necessary easements will not be possible in all cases. Given <br />the Tribe's reluctance to form an entity witb tbe power of <br />condemnation. I believe that it is incumbent upon the Board to <br />seek such power from the General Assembly for this olle pt'oje'C_t. <br />'. <br /> <br />. <br /> <br />5420<: <br />