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<br />Members, CWCB <br />March 7, 1980 <br />Page two <br /> <br />The RMBL has offered to reassign its water rights to the <br />State. It would be advantageous for the CWCB and the State of <br />Colorado to acquire the ID1BL water rights for the following <br />reasons: <br /> <br />1. The CWCB appropriation would be filed in 1980, <br />while the RMBL decrees date back to 1932. <br /> <br />2. The acquisition would enhance the previously <br />established State policy of protecting the <br />natural values of this area. <br /> <br />3. The uses allowed in the water rights are con- <br />sistent with the purposes and uses of minimum <br />stream flow appropriations. <br /> <br />The RMBL, however, will not assign or designate its water rights <br />in Mexican Cut without certain conditions. These conditions are <br />no different from those presently imposed by the articles of <br />designation drawn between the Nature Conservancy and the State of <br />Colorado regarding land use in the Mexican Cut/Galena Mountain <br />Natural Area. In general, these conditions would prohibit the <br />introduction of non-indigenous species and limit, not restrict, <br />the means of access to the area. The purpose of these conditions <br />is to prevent upsetting the uniqueness of the area. This would <br />be consistent with minimum stream flow purposes, as the area has <br />been designated to the State as a natural area. <br /> <br />Currently, the area immediately surrounding the Mexican <br />Cut/Galena Mountain Natural Area is being examined for possible <br />future mineral development. The CWCB's action would protect these <br />ponds from future potentially adverse impacts of other water <br />appropriations and water right changes. This action will also <br />be consistent with the statutory declaration on preservation <br />of the natural environment to a reasonable degree. Finally, this <br />action would directly complement the State's efforts in designating <br />the Mexican Cut/Galena Mountain Natural Area as Colorado's first <br />natural area. <br /> <br />TWP :mvk <br /> <br />~ <br />