Laserfiche WebLink
<br />Upper Gunnison River Water Conservancy District <br /> <br />March 17, 2000 <br /> <br />Mr. Dan McAuliffe, Deputy Director <br />Colorado Water Conservation Board <br />1313 Sherman Street, Roorn 721 <br />Denver, CO 80203 <br /> <br />Re: Dave Miller Correspondence to the CWCB Dated March 9,2000 <br /> <br />Dear Dan: <br /> <br />1 am writing in response to Dave Miller's request that the CWCB undertake an <br />"emergency evaluation" of the Taylor Park Reservoir second fill decree. It is my <br />understanding that Mr. Miller's correspondence may be brought to the attention <br />of the Board at the March 20, 2000 rneeting. This response, and the attachment, <br />provide you and the Board with accurate information and point out sorne of the <br />more blatant rnisrepresentations put forward by Mr. Miller. <br /> <br />The Taylor Park Reservoir refill decree, 86CW203 (the "Refill Decree") was entered <br />by the water court on September 18, 1990. CWCB was a party to the case, but <br />withdrew after a ruling that the water right sought did not constitute instrearn <br />flow appropriations. The Supreme Court affirmed the decree on November 19, <br />1992, despite arguments by opposers very similar to those Mr. Miller now <br />attempts to articulate. <br /> <br />Mr. Miller discusses the fishery benefits derived from the Refill Decree, but fails <br />to mention that it has other recreational, wildlife and irrigation components as <br />well, some of which are decreed absolute. <br /> <br />The deficiencies in Mr. Miller's flow analyses are covered extensively in the <br />attached memorandum, and 1 refer you to that document rather than repeat .thern <br />here. <br /> <br />Union Park's conditional 82CW340 decree permits storage for nonconsumptive <br />hydropower uses only, and does not reflect the proposed Union Park Reservoir <br />Project in its current configuration. The current configuration of that project has <br />been reviewed and found lacking twice by the water court, and is currently in <br />process of its second review by the Colorado Supreme Court (Case No, 98SA327). <br />The State Engineer actively supported the validity of the Refill Decree in that case, <br /> <br />275 S. Spruce Street. Gunnison, Colorado, 81230 . (970) 641-6065 <br />