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<br />. <br /> <br />. <br /> <br />. <br /> <br />BRATTON & McCLOW LLC <br /> <br />Linda J. Bassi <br />Stream and Lake Protection Program <br />Colorado Water Conservation Board <br />August 22, 2005 <br />Page 3 <br /> <br />has sold 444 Base Units for augmentation of existing uses. Of these, 188 Base Units were sold to <br />owners of "Treatment Plant Wells" (as defined in the decree); therefore that number of Base Units <br />represents 94 dwellings. 63 of the Base Units were sold for outdoor watering, which will not occur <br />in October or November, but I included them in the table to make the calculations as simple as <br />possible, thus overstating the depletions by about 14%. As the table illustrates, the total potential <br />depletion from the wells that are to be augmented from Meridian Lake Reservoir amouuts to only <br />0.1255 acre-feet per day (a reduction in stream flow of 0.0633 c.f.s). Given this small amouut of <br />depletion, the District submits that forbearance in the event of a shortage is a reasonable request <br />given the universal benefit that will derive from the rehabilitation ofthe Meridian Lake Reservoir <br />dam. <br /> <br />Finally, even though it does not affect the CWCB's legal right to place a call on the Slate <br />River to protect its full entitlement in the event of a shortage, the Division Engineer has publicly <br />announced on more than one occasion that the Division of Water Resources will not physically <br />curtail the domestic wells in question in the event ofacall, but instead will levy a fine on the owners. <br />Therefore, a call would produce no additional stream flow. In fact, even if the wells were physically <br />curtailed during a relatively brief period of shortage, it is doubtful that the call would yield any water <br />to the stream. These were two of the factors that caused the District to embark on the acquisition <br />of Meridian Lake Reservoir and adjudicate the plan for augmentation - thereby providing water to <br />replace previously created depletions to the CWCB instream flow right once the dam is again <br />operative. <br /> <br />Please contact me or Karen Shirley at your convenience if we can provide additional <br />information. Thank you for consideration of this request. <br /> <br />Sincerely, <br /> <br /> <br />~ <br /> <br />John H. McClow <br /> <br />Enclosure <br /> <br />c: Upper Gunnison River Water Conservancy District <br />Keith Catlin <br />