BOARD00288

• 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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Porzak Browning & Busl ong LLP

ATTORNEYS. AT . L W

RECI!!fVEO
JUN 1 6 2003

Glenn E. Porzak
Michael F. Browning
Steven J. Bushong
P. Fritz Holleman

929 Pearl Street, Suite 300 . Boulder, CO 8 302
303 443-6800 . Fax [phone]

~WalIr~fVatlon B03111

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Kristin Ho e Moseley
Kevin }. Kin ear
Jason R. Du n
Amy W. Be tie

June 12,2003

Lawrence J. MacDonnell,
Of C unsel

Via Facsimile 303-866-4474 and us. Mail
Dan Merriman
Edward Kowalski
Colorado Water Conservation Board
1313 Sherman Street
721 State Centennial Bldg
Denver, CO 80203

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Proposal to Colorado Water Conservation Board to Facilitate the i
Retirement of Certain Hermosa Creek Wa ~rRights Senior to the Bord's
In-Stream Flows., i
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Thank you fortaldng the time to discuss the above-ref ere ced matter with me. As ~e
discussed, Durango Mountain Resorts (DMR) owns considerabl 'conditional water rights i the
Hermosa Creek drainage, including 1,351 acre-feet of storage ri . ts. These storage rights e
senior to the CWCB's in-stream flows in 1;bat drainage. DMR is ~illing to abandon or retirJ'
these storage rights. Since the main beneficiary will be the CW B, we thought it appropria e to
determine whether the CWCB would want to playa role in facili hting the retirement ofthe e
rights. Consistent therewith, we request that you submit the pro Qsals outlined below to th
Board for its consideration. In order to put the proposals in cont ~t, this letter first sets f01
relevant background on the proposals. : i

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DMR owns and operates the Durango Mountain ski resor: The resort is located Nohh of
Durango on Highway 550 on a small drainage that is tributary to the Animas River (Purgat9ry
Creek). The ski area also extends over the mountain facing Hig ,ay 550 and into the He~osa
Creek drainage on the back side of the resort. The East Fork off ermosa Creek near DMR as
an in-stream flow water right for 3.0 cfs in March - October, and 1.. .5 cfs from November fugh
February. That in-stream flow water right was decreed in Case o. 84CW278 with a priori1iY
date of July 13, 1984. It is my understanding there are cutthroat. . out in that drainage. :
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DMR's water r~ghts in the Hermo.sa Creek draina?e inclu e 14 sto~age r~ghts totalinf
1,351 acre-feet, all senIor to the Board's m-stream flow nght. In fact, a stipulatIOn between!
DMR and the Board was entered in the Board's case that, in part recognizes the senior priority
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Re:

Dear Dan and Ted:

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ll.J!lliground on Proposals.

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