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<br />
<br />Andrew Peternell
<br />Colorado Water Project
<br />
<br />July 12, 2004
<br />
<br />Via Facsimile and United States Post Office
<br />
<br />Mr. Ted Kowalski
<br />Colorado Water Conservation Board
<br />1313 Shennan Street, Room 721
<br />Denver, Colorado 80203
<br />
<br />Re: UDDer Gunnison River Water Conservancy District's Proposal for Augmentation
<br />Plilll and Mitigation ofIniurv
<br />
<br />Dear Mr. Kowalski:
<br />
<br />.
<br />
<br />As you will recall, on May 17, 2004 Trout Unlimited ("TD") submitted written
<br />comments to the Colorado Water Conservation Board ("CWCB" or "Board") concerning the
<br />injury with mitigation plan proposed to the Board by the Upper Gunnison River Water
<br />Conservancy District (''District''). TV wishes to call the CWCB's attention again to its May 17
<br />letter, a copy of which is attached hereto, and to provide additional comment on the District's
<br />proposal.
<br />
<br />As stated in the May 17 letter, TV believes that in this instance the CWeB may accept
<br />adjudication of the augmentation plan even if some injury to in-stream flow rights will continue.
<br />We note, however, that the Board would not be in the position of having to consider acceptance
<br />of injury if the Board had demanded more protective augmentation plans when these junior wells
<br />were first permitted or adjudicated. In the future, TU hopes that the Board will take the
<br />necessary precautions and work with the Division of Water Resources to protect senior in-stream
<br />flow rights from junior appropriations.
<br />
<br />While TV believes that the Board may accept some continuing injury in this case, we are
<br />not convinced that the District has offered adequate mitigation such that the Board should vote to
<br />accept the injury at this time. TU appreciates that the District is offering the augmentation plan
<br />to mitigate existing injury to in-stream flow rights and that the plan itself does not create any
<br />injury. Nevertheless, without the augmentation plan, the District's constituents face the serious
<br />risk of being subjected to fines or having their water uses curtailed. Given the importance of the
<br />augmentation plan to the District's constituents and the importance of protecting the Board's in-
<br />stream flow rights, TV views it as appropriate to require the District to provide additional
<br />mitigation for the continuing injury.
<br />
<br />.
<br />
<br />Trout Unlimited: America's Leading Coldwater Fisheries Conservation Organization
<br />Colorado Office: 1320 Pearl Street, Suite 320, Boulder, Colorado 80302
<br />PHONE: (303) 440-2937 FAX: (303) 440-7933 EMAIL: dpeternell@tu.org
<br />
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