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<br />fir ';! <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />721 Centennial Building <br />1 313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 666.3441 <br />fAX: (303) 666.4474 <br /> <br />STATE OF COLORADO <br /> <br />- <br /> <br />Roy Romer <br />Governor <br /> <br />MEMORANDUM <br /> <br />James S. Lochhead <br />Executive Director, DNR <br /> <br />Darie$ C. Lile, P.E. <br />Director, CWCB <br /> <br />TO: <br /> <br />Colorado Water Conservation Board Members <br /> <br />FROM: <br /> <br />Dan Merriman <br />Jeff Baessler <br /> <br />DATE: <br /> <br />March 3, 1998 <br /> <br />SUBJECT: <br /> <br />Agenda Item 11a, March 10-11, 1998, Board Meeting-- <br />Instream Flow Program - Public Comment <br />Case No. 4-96CW311; Mt. Emmons Mining Company <br /> <br />On behalf of High Country Citizens' Alliance, Mr. Steve Glazer would like to address the Board <br />regarding this case (see attached letter dated February 13, 1998). The Following is a summary <br />of the Board's involvement in the case. <br /> <br />Case Summarv <br /> <br />The Board ratified the Statement Of Opposition filed in this case at its March 20-21, 1997, meeting. <br />This is an application for new junior surface and storage water rights near Crested Butte in Gunnison <br />County (see attached map). Applicant proposes to develop a system oflarge reservoirs (between <br />1000 and 3000 acre-feet) along with a number of new diversion structures and a pipeline system. <br />Applicant's proposed water rights will be used for industrial pUIposes associated with the mining and <br />milling of molybdenum. All ofthe Applicant's water rights are junior to the Board's rights and will <br />carry a 1996 appropriation date. <br /> <br />The Board holds an instream flow decree on Carbon Creek for 3 cfs with an appropriation date of <br />March 17, 1980. One of the Applicant's proposed conditional storage rights will innundate the <br />Board's instream flow right on Carbon Creek and may result in an interference with the Board's <br />usufructuary rights which were confirmed by the instream flow decree. <br /> <br />Staff has met with the Applicant's engineer and attorney to discuss this case. Staff has informed <br />the Applicant of the Board's Rules and Regulations regarding inundation of instream flow rights <br />and has continued discussions with the Applicant's attorney on the best way to resolve the Board's <br />concerns. <br /> <br />DCM/JB <br />C:\JEFF\OPPOSED\STIPS\496CW311 Boanlmemo,doc <br />