BOARD00054

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Acceptance of Injury with Mitigation
• Board Meetings - Doc Type: Memo

'~'-~
'..~.~~
.-?'*~~

Telluride presented the "Instream Flow Mitigation" plan to the CWCB at the November
17-18, 1997 meeting for a preliminary review as required under section 9.43(a) of the
Rules and Regulations.

,

e

At the CWCB meeting the Town of Telluride explained the elements of the plan for
mitigation. The Board also heard from the San Miguel Valley Corporation opposing the
plan and suggesting alternatives be explored. The Board directed the staff to meet with
the interested parties and Telluride to try to address the concerns expressed at the
meeting. The Board also requested that Telluride meet with the interested parties to
address their concerns.

Consultation

The concerns of the CWCB and interested parties centered around the utilization of
alternative resources to avoid significant impact to the San Miguel. The staff has met
with Telluride several times to address the CWCB's concerns. Staff also met in Telluride
with theTown and interested parties. An inspection, of the reach of the San Miguel to be
impacted and the location of the proposed facilities, was conducted by the staff with
Telluride.

The substantive comments received from San Miguel Valley Corporation and other
interested parties during and after the Board meeting, as well as comments from the
CWCB staff, were submitted to Telluride. Also, Telluride has met with San Miguel
Valley Corporation and the other interested parties and is addressing their concerns. _
Telluride has provided the CWCB with written answers (attached) to the concerns .
expressed by the staff and by the interested parties.

In response to the Board and staffs concerns, Telluride has agreed that the San Miguel
will only be impacted during an "emergency". An emergency will occur if the Blue Lake
pipeline is damaged during the winter when repair of the pipeline is not feasible. As part
of the "emergency" the town has agreed to limit its diversion to 1 cfs of the flow in the
San Miguel River. During the "emergency" Telluride will first utilize their other
available water rights and treatment plants. Telluride will also implement watet
conservation measures under the Town's comprehensive water conservation ordinance.

Staff has reviewed all' of Telluride's submittals and is satisfied that Telluride has
considered all the alternatives

The Division of Wildlife has inspected the reach of the San Miguel to be impacted under
the proposed plan. DOW is satisfied that acceptance of the proposed plan of mitigation
will still allow the Board to preserve the environment to a reasonable degree (see attached
letter).

e

L:\ WCTRANSlSECClmjsbdmem\496cw313aim,doc