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<br /> <br />" ,.~." <br />};,,-.\,'>:;::/ <br />.~.- <br /> <br />i.;.;.,..j..':-f <br />':-'1 <br /> <br />. 'r <br /> <br />. <br /> <br />. <br /> <br />0~:o~ <br /> <br />.JO.J.J()'+':ll~J(J.J. <br /> <br />'-'... I '-.lr I...:lUI....vc.;~ <br /> <br />, ,..,.....'- <br /> <br />,. <br />., <br /> <br />I,t, <br />;~!_ty of Golden <br /> <br />.J"'" ." <br /> <br />"*"- <br /> <br />911 Tenth Street, Golden, Colorado 80401 <br />Tele:Jrore: 303/384-8000 . FacsImile: 303/384.8001 <br />www.cj.golderl.:io.us <br /> <br />.. .. .,....-....... <br />, <br /> <br />.. ._-......_--~._._.~. .-..--- <br />....---:-;,---.. .... <br /> <br />/ <br /> <br />RECEIVED <br />JAN 26 2001 <br /> <br />, <br />, <br />January 24, 2001 <br />. , <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />As mayor of the City of Golden, I am writing Ion behalf of the City Council to express our <br />grave concern over the continued opposition of the C lorado Water Conservation Board to the <br />water application for the Golden boating course (Di sion No, 1 Case No. 98CW448). We fully <br />understand that the Conservation Board may not fav recreational diversions, such as the <br />Golden facility, for policy reasons. We also underst d that the Board may seek legislation <br />modifYing the ability to obtain such water rights in th future. While we may disagree whether <br />such legislation is appropriate, we agree th.at the Legi lature is the appropriate forum to debate <br />this matter. However, the fact remains that such reel' ational diversions are valid rights under <br />existing law. <br /> <br />. Nevertheless, the Conservation Board has c011 inued to vigorously oppose the Golden <br />application in Water Court even though it has no inst eam flows where the course is located, and <br />your staff has admitted that no other Board instream ows would be adversely affected by the <br />water right Golden claims. Initially, the sole basis Ofl:hiS opposition wa, s that the GOlden, filing <br />was similar to an instream flow. Given the dams and other diversion and control Structures <br />comprising the Golden course, your staff has recently admitted that it has no evidence to support <br />its instream flow claim and appears to have Changed~e basis of the Boards ~pposltlSn'1e!s"ii~ <br />two months priono trial. At the recent deposition of, II'. Merriman, the chief of your water <br />rights investigati~n section, we learned that the Boar. has apparentl~ decided to raise three new <br />Issues. CIty offiCials have had the opportumty to review the transcnpt of Mr. Merriman's <br />deposition, and were appalled at the utter lack of eVidFnce to substantiate these new claims. .' <br />i <br />Specifically, the Conservation Board contends that the magnitude of the Golden water <br />right will impact future, unspecified uses of water in Q~lear Creek County. Yet, Golden has <br />settled, or is in the process of settling, with all of the fctual Clear Creek County water users, and <br /> <br />I <br /> <br />Colorado Wafer Conservation Soard <br /> <br />Via FiX( No. 303-866-4474 <br />Mr. Rod Kuharich <br />Director <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Dear Mr. Kuharich: <br /> <br />.'.. -'.' y......Jf..oY <br /> <br />.Zi~ <br /> <br />::a.~_ <br /> <br />fco041 <br />