BOARD00035

• Board Meeting Date: 6/3/1982
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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HOLLAND a HART

ATTORNEYS AT LAW

TELEPiolONE 575-8000
AREA COOl! 303

sse SEVENTEENTH STREET
surTE 2100
OENVEA.COL.ORAOO
MAILING ADDRESS:
P.O. SOX 874.
DENVER, COLORADO 80201

CABLE ADDRESS
HOLHART,DENVER
TEl..ECOP1ER (3031 i57e-82et

CI-4ARLES M. ELLIOTT
(303J 575-8118

May 25, 1982

Colorado Water Conservation Board
1313 Sherman Street
Denver, Colorado 80203

Re: Boss Lake Feasibility Study

Dear Sirs:

This is a revised application to the Board for funds to
assist the Upper Arkansas Water Conservancy District in a
feasibility study of Boss Lake Reservoir. \

I. Introduction

The Upper Arkansas District was established as a water con-
servancy district pursuant to the Water Conservancy Act by
decree of the Fremont County District Court on April 30, 1979.
The District owns water rights itself and will share in the
allocation of waters made available under the Fryingpan-
Arkansas Project by the Southeastern Colorado Water Conservancy
District. By 1981 statute, the Upper Arkansas District was
authorized to take charge and control of Boss Lake reservoir
from Chaffee County (see Exhibit A).

Boss Lake reservoir is a state-owned structure on a
tributary of the South Arkansas River near Monarch Pass and the
Town of Garfield. It was originally constructed in the 1890's
and utilized as a state reservoir pursuant to state statute. A
conflict with a local water user was resolved in the 1950's to
recognize the right of the local water user to 108 acre feet of
storage in the state facility. State of Colorado v. Lionelle,
157 Colo. 151 (1955). Most if not all of the reservoir sits on
U.S. Forest Service land and special use permits have been held
by Chaffee County. One Forest Service record indicates that
the reservoir capacity was over 1,800 acre feet but most
reports including those of the water commissioner during the
1950's place the capacity at 582-850 acre feet. The State