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<br />. <br /> <br />. <br /> <br />. <br /> <br />Applicant's Actions <br /> <br />Mr. John Hahn in 1941 acquired interest in the Forest Queen <br />Mine and has periodically, usually in drier years, utilized the <br />old pipeline out of Copley to supply part of his water needs at <br />the mine when his primary source of water out of Lake Irwin was <br />out-of-priority. In 1981 he dug out the old pipeline and <br />replaced it with an open drain ditch approximately 2 to 3 feet <br />deep. He installed a 4-inch pipe and valve with earthen dike on <br />this drain ditch to control the flow. In addition, he reportedly <br />constructed a 36-inch high dam on the east outlet in order to <br />maintain a higher lake level and assure operation of the <br />diversion. Mr. Hahn, by his own surveys and calculations, <br />estimates that his dam on the easterly outlet has increased the <br />volume of water in Copley Lake to approximately 87.75 acre-feet. <br />Mr. Hahn has applied for the right to both store and use this <br />additional 48 acre-feet of water for small scale hydroelectric, <br />mining, milling and domestic uses in this case. <br /> <br />Staff action <br /> <br />The CWCB staff filed a Statement of Opposition in this case <br />for two reasons. First, Mr. Hahn's application did not recognize <br />the CWCB decree as it had Mr. Long's. Secondly, it was not clear <br />in the application what had been done and what, if any, effects <br />there would be on the existing lake level. <br /> <br />Mr. Hahn contacted the CWCB immediately after the opposition <br />was filed. As a result the staff met with Mr. Hahn on December <br />19, 1984, and reviewed with him the situation. Mr. Hahn's <br />explanation and pictures provided the background for this memo. <br />Because of the weather conditions this time of year, the staff <br />was not able to make an on-site inspection to confirm all <br />conditions. However, after due consideration staff does feel <br />comfortable in proposing the attached stipulation for <br />consideration by Mr. Hahn as a result of our meetings. <br /> <br />Recommendation <br /> <br />Ratify the Statement of Opposition in Case No. 4-84CW157. <br />Direct the staff to submit the proposed stipulation attached <br />hereto for approval by Mr. Hahn. If the stipulation is <br />acceptable without change then allow staff to have the Attorney <br />General file the stipulation with the Water Court and proceed to <br />conclude the case. <br /> <br />If the stipulation is changed, direct the staff to continue <br />to work with Mr. Hahn and his attorney to reach an acceptable <br />stipulation for future Board consideration. <br /> <br />/bvm <br /> <br />MEMORANDUM <br /> <br />-2- <br /> <br />January 7, 1985 <br />