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<br />. <br /> <br />20U5 <br /> <br />. <br /> <br />BRATTON & McCLOW, LLC <br />Attorneys at Law <br /> <br />C:lcmc'o ~l.!::, '-. <br /> <br />John H. McClow <br />jmcclow@bratton-mcclow.com <br />Telephone (970) 641-1903 <br />Facsimile (970) 641-1943 <br /> <br />232 West Tornichi Avenue <br />Suite 202 <br />Gunnison. Colorado 81230 <br /> <br />August 22, 2005 <br /> <br />Transmitted by electronic mail and by U. S. Mail <br /> <br />Linda J. Bassi <br />Stream and Lake Protection Program <br />Color~d(> Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: Meridian Lake Reservoir Plan for Augmentation <br />Case No. 03CWI07, Water Division No.4 <br /> <br />Dear Ms. Bassi: <br /> <br />. <br /> <br />I am writing on behalf of the Upper Gunnison River Water Conservancy District to follow <br />up on a telephone conference conducted among you, Susan Schneider, Frank Kugel and Wayne <br />Schieldt (Division Engineer and Assistant Division Engineer), Karen Shirley and me on August 1. <br />The purposes of the telephone call were to advise you that the District is planning to rehabilitate the <br />dam and outlet works at Meridian Lake Reservoir - a process that will require releasing the active <br />storage content from the reservoir prior to construction - and to request forbearance of the Colorado <br />Water Conservation Board in the event that flows in the reach of the Slate River protected by the <br />CWeB's instream flow right is not receiving its full entitlement during the period when the reservoir <br />is temporarily empty. You requested that the District present its proposal in writing. This letter <br />intends to do that. <br /> <br />As you know, following extensive negotiation with the opposers (including the CWCB) the <br />Upper Gunnison District obtained a decree approving a plan for augmentation on May 19, 2005 that <br />provides for replacement of out-of-priority depletions by wells in the Slate, East and Gurrnison River <br />basins with water released from Meridian Lake Reservoir. The District initiated its effort to acquire <br />the reservoir and adjudicate the plan for augmentation when it was discovered during the drought <br />conditions of 2002 that a significant number of domestic wells diverting from the Slate River had <br />been issued permits based on earlier plans for augmentation which are defective. As a result, <br />depletions from those inadequately augmented wells were contributing to shortages affecting senior <br />water rights in that stream, including the CWCB instream flow rights. <br /> <br />The Opper Gunnison District completed the purchase of the reservoir on August IS, 2005, <br />. and, in order to complete the work before winter weather conditions set in, commenced rehabilitation <br />