BOARD00054

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

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Colorado Water Conservation Board

Department of Natural Resources
72' Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLORf\DO

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Ms. Margaret Curran
Telluride Town Manager
Town of Telluride
PO Box 397
Telluride, CO 81435

Roy Romer
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Jitme5 S. Lochhead
Execulive DireaOt. ONR
OitriesC.lile,P.E.
Oireaor. CWCB
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Dear ~...)

Thank you for appearing before the Colorado Water Conservation Board (CWCB) in
regards to the Town of Telluride's settlement proposal for Injury With Mitigation in Case
4-96CW3 13.

The cwes would like to request your consideration of concerns that the CWCB has
with the application as presented to the Board. Also the ewes staff is passing on to you
the concerns expressed by Mr. James Felt representing the San Miguel Valley
Corporation.

The ewes is concerned with the ~Alternate Point of Diversion' status proposed for your
Bear Creek water rights and questions why this is not simply a 'Change in Point of ,
Diversion' to the Blue LakelBridal Veil Creek systeIIl. A 'Change in Point of Diversion'
would relieve any concerns about future development .of the Bear Creek diversion point
to the detriment of the Instream Flow on Bear Creek.

Secondly, Telluride has proposed that the Town be allowed to deplete the instream flow
under 'emergency' conditions when the Blue Lake Pipeline has been damaged or is not
physically operational. The ewes realizes that construction or repair operations in this
area are difficult and could take some time . The cwes would like clarification on the
time 'window' proposed for the 'emergency' depletion of the San Miguel river below the
decreed instream flow rate. Also, the language regarding when this 'emergency'
condition would occur needs to be defmed very precisely.

Thirdly, during the public review process concerns were expressed by several entities.
Mr. Sliversher, representing Eric Jacobson, has questioned Telluride's need for the water.
A copy of his submittal to the cwes is included with this letter. Mr. Felt, representing
the San Miguel Valley Corporation, has expressed concerns to the CWCB which he feels
should be addressed before the cwes takes action on the proposal for Injury With
Mitigation. The ewCB' s understanding of Mr. Felt's concerns are included in the

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