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<br /> <br />Agenda Item 21 <br />March 26-27,2001 <br />page 2 <br /> <br />tit <br /> <br />The San Juan Resources Conservation and Development Council, in cooperation with the ARSG, <br />is proposing to purchase at least 80% of the water rights in'the Carbon Lake Ditch. (The remaining shares <br />will need to piped across the mine complex.) The Council is offering to donate the purchased water rights <br />to the Board to eliminate the source of acid mine drainage and to restore the natural hydrological regime <br />in the Big Horn Gulch and Mineral Creek (North Fork) cir~inages. The Council has been awarded. a <br />$50,000 remediation grant from the Colorado Department of Public Health and Environment, under. the <br />Colorado Non-Point Source (319) Program, to purchase ti\e water rights. The Council expects to close <br />the purchase on April 20, 2001 contingent upon commitment from at least80% of the ditch owners and <br />acceptance of the donation by the Board. <br /> <br />Summary of ProDosal <br /> <br />. The Council is requesting that the Carbon Lake Ditch water right be dedicated to instream flow use in <br />three segments of stream: <br /> <br />· Big Horn Gulch - from the decreed location of Head gate #1 downstream to the confluence with the <br />Mineral Creek (North Fork), a distance of 1.39 miles <br /> <br />· the unnamed tributary to Big Horn Gulch - from the decreed location of Head gate #2 downstreamto <br />the confluence with Big Horn Gulch, a distance of O.iW mile, and <br />I <br /> <br />e <br /> <br />· Mineral Creek (North Fork) - from the confluence with Big Horn Gulch downstream to the <br />confluence with the South Fork of Mineral Creek, a distance of 4.62 miles. <br /> <br />. The Board does not currently hold instream flow water rights on any of these stream segments. Staff <br />has contacted the Division 7 Engineer and the Water Commissioner, and has obtained records to confirm <br />historic diversions. Staffhas also contacted local Division of Wildlife personnel and confinned that there <br />is a natural environment that can be protected with this ~onation. <br /> <br />The following docwnents are attached for the Boar<;l's information: 1) a letter from Southwestern <br />. Water Conservation District in support of the Carbon I4ake Donation, 2) a proposed resolution by the San <br />Juan Resources Conservation and Development Counc~l to purchase the Carbon Lake Ditch and donate <br />the water right to the Board, and 3) a draft Donation Apeement between the Board and the Council. <br /> <br />The Donation Agreement contemplates conveyance of the Carbon Lake Ditch to the Board for: . <br />instream flow use to preserve the natural environment in the above-mentioned stream segments. The <br />Agreement also requires the Board to file a change of water right application with the court within il. <br />reasonable amount of time. . <br /> <br />Staff Recommendation <br /> <br />Staff recommends that the Board accept the proffered right and ratify the attached Donation <br />Agreement. Staff further recommends that the Board authorize the Director to sign the Agreement on the A <br />. Board's behalf. I .. <br /> <br />