BOARD00054

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

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MOSES, WITTEMYER, HARRISON ANO WOOORUF'F', P. C.

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January 20, 1998

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Colorado Water Conservation Board
1313 Sherman Street, suite 721
Denver, CO 80203

Re: Case No. 96CW313. Water Division No.4
Town of Telluride's Mitiaation plan
Res~onse to Public Comments

Dear Board Members:

Last November, representatives of the Town of Telluride
presented to the Board a plan to mitiqate potential instream flow
impacts to the San Miguel River which may occur durinq the Town's
emerqency direct flow diversions from Bridal veil Creek in Case No.
96CW313. At the end of the Town's prasentation, representatives of
the San Miguel valley Corporation (SMVC) posed a numl:ler of
questions to which the Town was not allowed to respond due to the
late hour. At the end of the meetinq, several Board members
requested the Town's written response to' SMVC's questions prior to
the Board' s January meetinq. The requested responses are attached.

This letter also responds to all written comments
received by the CWCB's staff to date. These include written
comments provided by Eric Jacobson throuqh his attorney (Silversher
faxes dated December 15, 1997 and January 1.3, 1998)' and by SMVC
through its attorney (Felt letter dated January 14, 1998).
Finally, this letter addresses the questions raised by the CWCB's
staff by letter faxed to the Town on January 9, 1998.

Since the November meetinq, the Town has taken additional
steps to discuss the mitiqation plan with interested persons and to
attempt to address any remaininq issues.. The Town lIIet with
representatives of SMVC on Jan~ary 9., 1998 and made significant
progress toward addressinq their issues. Issues raised by SMVC
after themeetinq are addressed in the attached responses. On
January 13, 1998, the Town CQuncil held a public meetinq in
Telluride to discuss the Town's mitigation plan. Dan Merriman, of
the CWCS I s staff, attended the meeting. Finally, Town
representatives met with the CWCS's staff and representative of the
Attorney General's office on ,January 15, 1.998. It is our

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