BOARD00443

• Board Meeting Date: 7/23/2001
• Description: ISF Section - New Recommendations in Division 4: Garfield, Gunnison, Hinsdale, Mesa, Montrose and San Miguel Counties
• Board Meetings - Doc Type: Memo

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BALCO~ &: GREEN, P.C.
ATTOR~l."S ^~'l' l..AW

Dan Merriman and Mark Uppendahl
Telluride and MVMD ConcemsforISF Priorities

June 7, 2001
Page 3

concentrations, possibly associated with the ldarado Mine, are high enough to impede
growth and reproduction of aquatic life. .

The biological assessment indicates that mitigating the problems listed above is rnore
important for improving fishery habitat in the San Miguel than increasing instream flows.
Mitigation of these problems should occur before consideration of any additional instream
appropriations.

C. There is Insufficient Water in the San Mi~uel for Adpitional AppropriatioI'l.s

In addition, and most importantly, review of available flow data indicates that water
for additional instream flow appropriations is not physically available in the San Miguel.
Wright Water Engineers conducted a hydrologic study on the San Miguel to investigate the
injury to Telluride and MVMD water rights posed by an additional 9.0 c.f.s. instream flow.
The study relied on data obtained from the Mahoney Street Gage, which is used to
administer our clients' rights in relation to the existing 6.5 d.s. minimum flow.

The study results demonstrate that, during an average year, flows in the San Miguel
at Mahoney Street are lower than 15.5 d.s. more than twenty-six (26) percent of the time
in August, fifty-seven (57) percent ofthe time in September, and seventy-seven (77) percent
of the time in October. Under dry-year conditions (the driest 20% of all years), flows are
lower than 15.5 d.s. more than fifty-seven (57) percent oithe time in August, seventy-seven
(77) percent of the time in September, and all (100 percent) of the time in October.l

Furthermore, the flow statistics relied upon by Wright Water Engineers include the
unquanfified Blue Lake discharges discussed above. Because these Blue Lake discharges
include transbasin waters, there is no guarantee that the recorded flow levels at the
Mahoney Street Gage will persist in the future. Wright Water Engineers' study may,
therefore, present an optimistic view of future conditions.

Based on the reasons detailed above. the current conditions in the San lVIiguel clearly
do not support additional instream appropriations by the CWCB. Any appropriations will
result in almost certain injury to other owners of San lVIiguel rights, and will most likely fail
to provide the benefits sought by the CWCB.

Shortage conditions will also occur during June and July in both average and dry years.

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