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<br />, <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 Centennial Building <br />1313 Shennan Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br /> <br />STATE OF COLOAADO <br /> <br />o <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Cove""" <br /> <br />James S. Lochhead <br />ExeOJrlve Director. DNR <br /> <br />DariesC.lile, P.E. <br />Director. CWCB <br /> <br />TO: Colorado Water Conservation Board Members <br /> <br />FROM: Dan Merriman <br />Mike Sullivan <br /> <br />DATE: January 28, 1998 <br /> <br />SUBJECT: Agenda Item 18a, January 28-29, 1998, Board Meeting <br />Instream Flow Program - Acceptance of Injury with Mitigation <br /> <br />Back!!found <br /> <br />The Board ratified the Statement of Opposition filed in Case No. 4-96CW313 at its <br />March 20-21, 1997 meeting. In this case, the Town of Telluride (Telluride) fIled an <br />application for a change of water rights on the San Miguel River and its tributaries near <br />Telluride in San Miguel County. Telluride is seeking upstream alternate points of <br />diversion for a number of existing downstream water rights which are a part of the Town <br />of Telluride's municipal water supply system, as well as existing rights acquired from the <br />Idarado Mining Company which were historically used for mining, milling, hydropower, <br />and domestic uses. In addition, Telluride requests a 6 cfs, December 10, 1996, junior <br />appropriative right of exchange between the Town's wastewater treatment plant and the <br />proposed alternate pointS of diversion. <br /> <br />Staff filed a statement of opposition in this case because Telluride's proposed alternate <br />points of diversion, exchange, and change in the use of its rights could deplete the <br />Board's instream flow rights on the San Miguel River. <br /> <br />Preliminarv Review <br /> <br />After consulting with the staff Telluride prepared an "Instream Flow Mitigation Plan". <br />The plan proposes mitigation to offset the injury to the Board's San Miguel instream flow <br />right in accordance with section 9.43, Iniury Accepted With Mitigation, of the Rules and <br />Regulations Concerning the Colorado Instream Flow and Natural Lake Level Program. <br /> <br />L:\WCTRANSlSECOmjsbdmem\496cw313oim,doc <br />