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<br />e <br /> <br />e <br /> <br />e <br /> <br />FROM , <br /> <br />TO <br /> <br />3lil3 666 4474 <br /> <br />19S5.rZI1-20 <br /> <br />17'59 ~5 P.02/04 <br /> <br />STATE OF COLORADO <br />Roy Romer. Governor <br />DEPARTMENT OF NATURAL RESOURCES <br /> <br />DIVISION OF WILDLIFE <br /> <br />oN ECUAI. OPPOR1lJNI1Y IMPLC'tiR <br /> <br />Jonn W. Mumma. Director <br />6060 8roadwav <br />cenver. Colorado 80211-1000 <br />Telepnone, !$O3l 287-1192 <br /> <br />IW'ER TO <br /> <br /> <br />For Wilcllife- <br />For People <br /> <br />18 Januazy 1998 <br /> <br />Dan Meniman, Chief' <br />Waw Rights Investigation Section <br />Colorado Water Coll$ervaUon Board <br />1313 Shennan Street, Suite 721 <br />Denver, Colorado 80203 <br /> <br />Subj: Towtl ofTelluride Proposal - Injury With Mitigation <br /> <br />Dear Dan: <br /> <br />As requested in yoUI' memorandum dated 16JanuatY 1998, the Division of Wildlife hereby submits its lIllalysis <br />of the Town of Telluride's proposal and recoDlInltndations as required by Rule 9.43 of the Rules and <br />Regulations Concerning the Colorado /nstream Flo-w and Natl/Ta! Lake L~el Program. <br /> <br />BACKGROUND <br /> <br />In 1996, in case I1U!l1ber 96CW313, the TO"'l1 ofTtlluride filed an application with the Water Division IV <br />Water CoUrt $ei'king approval ofa water rights exc:h;mge,.a new alternate point of diversion for sorne of the <br />town's existing water rights, IIIId the addition of rn\ulicipal water uses to existing water rights decreed for <br />indllSlrial uses. The Colorado Wab:r Conservation B\lard filed a statement of opposition to protect a number <br />ofinstrcam flow water rights held by the Board in the San Miguel River basin. The Board holds instream flow <br />water rights on the San Miguel River from the confll1ence Bridal Veil Creek and Ingtarn Creek to the South <br />Fozk of the San Miguel River for 6.5 cfs, and on Bear Creek frorn the headwaters downstream to its confluence <br />with the San Miguel River for 2 cfs. <br /> <br />The Town of Telluride obtained several senior direct flow and storage' water rights frorn the Idarado Mining <br />Company in a settlement agreement for a CERCLA law suit several years ago. Telluride now seeks to put <br />some of those water rights to use to provide rnunicipal water supply for the to"'n. In October, 1997, the <br />town's engineers, Resource Engineering, Inc. submitted and engineering report to the Board describing their <br />proposed use of these water rights. The Division of Wildlife was provided a copy of this engineering report <br />and bas reviewed it in light of the town's proposal to the Board to mitigate injury to the Board's ins1ream flow <br />water rights. This engineering report bas been revised in Januazy, 1998 to address some additional concerns <br />that have been brouQlrt to light as a result of a presentation that the town's engineer, Scott Fifer, made to the <br />Board at the NoveIl1ber, 1997 CWCB meeting in Denver. The following is the Division's analysis of the <br />town's mitigation proposal and our recommendations to the Board for the January, 1998 meeting in <br />Nortbglenn. <br /> <br />1:-- <br /> <br />DEPARTMENT o~ NATURAL RESOURCES. James $, Lochhead. executive Oircelor <br />WII_DU~E COMMISSION: Arnold Sill....', Chair. Rebecca Fronk. Voce.choit . Merk levell.." S",,"rtary <br />J.... Langston Boyd. Jr.. Member. Chuck Le..... Member <br />, . .' ---'''-~.._L___'___..01__...'A._'''... <br />