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BOARD00288
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Last modified
8/16/2009 2:48:17 PM
Creation date
10/4/2006 6:34:58 AM
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Board Meetings
Board Meeting Date
7/28/2003
Description
ISF Section - Proposal to CWCB to Facilitate the Retirment of Certain Hermosa Creek Water Rights Senior to the Board's Instream Flows by Durango Mountian Resorts
Board Meetings - Doc Type
Memo
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<br />. <br /> <br /> <br />On June 13, 2003, the CWCB staff responded to DMR's Jun 12,2003 letter. A copy 0 <br />the CWCB's response is attached. The Staff's main,concem ~ that Colorado law . <br />(Section 37-92-I02(3)(c.5)) provides, in part: "the board ma not acquire conditional <br />water rights or change conditional water rights to instream f1 iN uses." The Staff wants 0 <br />assure that the CWCB does not violate either the letter, or th bpirit, oftms statutory <br />provision. . I <br /> <br />Staff Recommendation <br /> <br />The Staff recommends that the Board authorize the Staff eith r to: 1) proceed under ] <br />DMR's Option 2; or 2) benefit from DMR's abandonment wi hout taking an active role <br />in facilitating the abandonment of the water rights. DMR's tion 1 may technically <br />comply with the statute in that the Staff would not have acqui ed a conditional water <br />right, but rather an interest in the right to abandon a' conditio I water right. However, i <br />the Board were to support DMR's Option 1, there may be an ppearance that the Board <br />was attempting to usurp the General Assembly's intent bemn this statutory language. <br />Both ofthe Staffs recommendations would comport with bo h the spirit and the letter 0 <br />the law. ! <br />I <br /> <br />. <br />
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