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<br />e <br /> <br />e <br /> <br />e <br /> <br />~ <br /> <br />FELT, HOUGHTON & MONSON, LLC <br />ATTORNEYS AT LAW <br /> <br />319 NORTIl WEBER STREET <br />COLORADO SPRINGS. COLORADO 80903 <br /> <br />~~C~%-O <br />J4N 1 <br />,r."", ,5 1998 <br />(:;.."'.i;,.. .".:r",,'.,.. <br /> <br />_.....:..~~"'w.... <br />'~ <br /> <br />JAMES G, FELT <br />CHARLES T, HOUGHTON <br />STEVEN T, MONSON <br /> <br />TELEPHONE (719) 471-1212 <br />TELEFAX(719) 471.1234 <br /> <br />January 14, 1998 <br /> <br />Dan Merriman <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />RE: Town ofTelIuride Request for Approval of Injury with a Mitigation Proposal <br />Case No. 4-96CW313 <br /> <br />Dear Dan: <br /> <br />San Miguel Valley Corp. has had an opportunity to meet with Jay Montgomery and Scott <br />Fifer representing the Town of Telluride with respect to the above referenced current request to <br />the Colorado Water Conservation Board. It was a very productive meeting whereby information <br />was exchanged and we at San Miguel Valley Corp. have a much clearer picture of the town's <br />request and the proposed conditions which they have offered to mitigate any injury to the Board's <br />minimum stream flow in the affected reach. <br /> <br />Our understanding of the Town's proposal is that during times of a water emergency <br />experienced by the town due to physical causes (as opposed to lack of water availability in <br />storage or elsewhere) they request to be allowed to divert water from the San Miguel River which <br />could reduce the Board's minimum stream flow in the river reach above the confluence of San <br />Miguel River and Bear Creek. They have proposed that the following conditions would apply: <br /> <br />1. <br /> <br />All other water sources for the town would be exercised to their <br />maximum use first (ie. maximum utilization of diversions from <br />Mill Creek and Coronet Creek, and any other developed water <br />resource that the town may have), <br /> <br />2. <br /> <br />Conservation practices will have been created and placed into <br />effect during the crisis period. (perhaps these conservation <br />practices should be identified and passed by a resolution of the <br />town). <br /> <br />1 <br /> <br />D <br />- <br />