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<br />. --=:rp <br /> <br />-re <br /> <br />2 <br /> <br />p.5 <br /> <br />" <br /> <br />,"'~ <br /> <br />~ <br /> <br />TROliT <br />UNLINITID <br /> <br />-.'. <br /> <br />Andrew Peternell <br />Colorado'Water Project <br /> <br />May 17, 2004 <br /> <br />Via Facsimile and United States Post Office <br /> <br />Mr. Ted Kowalski <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />'. <br /> <br />Re: Upper Gunnison River Water Conservancv District's Proposal for Augmentation <br />Plan and Mitigation ofIniurv <br /> <br />Dear Mr. Kowalski: <br /> <br />As YOll know, the Upper Gunnison River' Water Conservancy District ("District") has <br />flied a water court application for approval of an augmentation plan under which the District <br />would release water from Meridian Lake Reservoir to augment existing olll-of-priorily <br />depletions by wells in the Slate and East River basins. The District's proposed augmentation <br />plan is needed because the out-of-priority well depletions have been made without providing <br />adequate augmentation water and, as a result, have resulted in injury to other water rights, <br />including in-stream flow rights held by the Colorado Water Conservation Board ("CWCB" or <br />"Board"). The CWCB filed a statement of opposition to the District's augmentation plan <br />application. <br /> <br />. <br /> <br />The District has presented the CWCB staff with a proposed pre-trial resolution which <br />would allow for adjudication of the augmentation plan but would not completely eliminate all <br />injury to the Board's in-stream flow rights. Instead, the District proposes to take mitigation <br />measures to compensate for the injury to the Board's in-stream flow rights. Given the particular <br />facts of this case, Trout Unlimited ("TU") believes that the Board should accept the <br />augmentation plan, even ifit allows for the continuation of some injury. Nevertheless, TU <br />wishes to comment on several provisions of the augmentation plan and mitigation proposal that <br />require further consideration and improvement before the Board can agree to accept injury to its <br />in-stream flow rights. 1 <br /> <br />Under the augmentation plan and injury mitigation proposal, owners of wells would <br />purchase shares of Meridian Lake water to augment out-of-priority depletions. For well owners <br /> <br />1 TV reserves the righllo challenge in the fulure the Board's acceptance of injury to in'stream flow rights, with or . <br />without mitigation. on any grounds. <br /> <br />Trollt UI/limited: America's Leadil/g Coldwater Fisheries Conservatioll 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 />