BOARD00287

• Board Meeting Date: 5/6/1993
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

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3. Joe Wright Reservoir was constructed several years
before the appropriation date for the minimum streamflow water
right. The outlet structure for Joe Wright Reservoir is con-
structed in a manner that does not allow water to be released
under freezing conditions. Because of the altitude and exposure
of Joe Wright Reservoir, freezing conditions commonly occur from
late in October until early to mid-June. The actual operating
history of Joe Wright Reservoir has necessitated closing the
outlet gates once freezing occurs, and leaving them closed until
the spring thaw is completed. The objector has supplied the CWCS
with an affidavit which substantiates this historic practice.
This practice is recognized pursuant to S 37-92-102(3)(b), C.R.S.
(1992) and as a result, this minimum streamflow water right will
not require releases from Joe Wright Reservoir at any time when
the outlet structure cannot reasonably be operated because of
freezing conditions, or require reconstruction of the outlet
structure in any manner to provide for releases under freezing
conditions.

Dated this

day of

1993.

GALE A. NORTON
Attorney General

RAYMOND T. SLAUGHTER
Chief Deputy Attorney General

TIMOTHY M. TYMKOVICH
Solicitor General

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PATRICIA S. BANGERT
Deputy Attorney General

VRANESH and RAISCH

JENNIFER GIMBEL
First Assistant Attorney General

~~hL~

MICHAEL D. SHIMMIN, '9182~.~o.13 LINDA L. PRESLAN, 17954*
Assistant Attorney General
Special Water Counsel for Natural Resources Section
Objector City of Fort Collins

1720 14th Street, Suite 200
P. O. Box 871
Boulder, CO 80306
Telephone: [phone]

Attorneys for Applicant
Colorado Water Conservation
Board

1525 Sherman Street, 5th Floor

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