BOARD00035

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

APPENDIX C

HOLLAND a HART

ATTORNEYS AT LAW

AREA CODE 303

55S SEVENTEENTH STREET
SUITE 2900
DENVER. COl.ORADO
MAILING ADDRESS:

CABLE ADDRESS
HOLHART. DENVER
TEI.ECOPIER (303) S7S-8281

TELEPHONE [phone]

P.O. BOX 87451

DENVER. COLORADO 80201

CHARLES M. ELLIOTT
13031 575-81 1 B

May 26, 1982

Re: Boss Lake

Mr. Nick Ioannides
Colorado Water Conservation
Board
1313 Sherman Street
Denver, Colorado 80203

Dear Nick:

In response to your questions regarding the Upper Arkansas
Water Conservancy District's proposal, we offer these comments:

1. Capacity of Boss Lake

The original capacity of Boss Lake appears to be about
800 acre feet. The feasibility study will define the
reservoir capacity; however, our proposal is to study
the feasibility of restoring Boss Lake to a capacity
of approximately 800 a.f.

2. Water rights and water supply

The source of water for Boss Lake will be one component
of the feasibility study. This is the subject area
which the District added to the study. We can identify
several sources of supply but want to study the matter
further before committing to a particular plan. The
proposed services of supply are as follows:

1. Boss Lake Senior - water right - we know that
the reservoir stored several hundred feet of water
from the 1890's to the 1960's (and beyond) as a state
reservoir. We are still researching the legal basis
for this storage. If there is a water rights decree
or perhaps an equivalent (i.e. Governor's proclama-
tion or statute) we will assert it as a source of
supply. This determination will be made in conjunction
with the State Attorney General's office.

APPENDIX C