BOARD01071

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Injury with Mitigation Proposal - Town of Rico Preview of Injury with Mitigation Proposal
• Board Meetings - Doc Type: Memo

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E.J.HEIL, P.C.

7.14.06

Board of Directors
Colorado Water Conservation Board
1313 Sherman Street, Suite 721
Denver, CO 80203

RE: Upcoming Application for Change in Water Rights for the Town of Rico

Dear Directors,

The Town of Rico plans to submit an application for a Change in Water Rights in the near
future. The most significant water rights issue the Town has identified is the potential injury to
in-stream flow rights held by the Colorado Water Conservation Board. This letter provides
introductory background information, describes Town goals, and describes pending activities.
Rico has a 3.0 CFS water right on Silver Creek that is senior to CWCB's in-stream flow right (2.78
CFS conditionall.28 CFS absolute). Rico has joined the Dolores Water Conservancy District in the last
year and now has an adequate legal water right for diverting water from Silver Creek for municipal use.
The problem is that the current water treatment system struggles to treat the surface water diversion and
the Silver Creek basin is a small basin that physically can not yield sufficient water for future growth.
Also, the current system is at more than 90% capacity. The current water treatment system is expected to
serve 25 to 30 additional homes and is not considered adequate to allow any new subdivision approvals.
The Town of Rico contributed to well testing north of Rico in partnership with the Dolores Water
Conservancy District. Test wells in the North Rico Alluvium demonstrated a high quality potential
source of municipal water. The Town desires to change the point of diversion of its municipal water
system from Silver Creek to the Dolores River because the North Rico Alluvium offers superior quality
and quantity for a new water system.
CWCB has a 20 CFS in-stream flow right on the Dolores River that is more than average winter
flows (16-17 CFS ave. in winter). It is our understanding that changing the point of diversion to the
Dolores River may result in injury to CWCB's in-stream flow right between the new point of diversion
and the confluence of the Dolores River with Silver Creek, The Town of Rico is preparing an application
for Injury with Mitigation in accordance with guidelines recently adopted by CWCB. Town is also
finalizing a comprehensive watershed study funded by the EPA, facilitating a voluntary clean-up proposal '
for acid mine drainages, and proceeding with a valley wide development plan that includes dedication of
the flood plain and riparian areas along the Dolores River to the Town of Rico. Rico believes that it has
established an excellent position to preserve, restore and enhance the river corridor in the Rico area, and
will be able to propose practical and effective mitigation for an injury posed by the desired change in
water right.
I look forward to answering your questions in Durango,

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LICENSED TO PRACTICE LAw IN COLORADO - ATI'ORNEY REGISTRATION No. 22219
ADMITI'ED TO THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS - CERTIFIED PLANNER No. 018508

P.O. Box 189
209 MANTZ AVENUE
RICO, CO 81332

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