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<br />. <br /> <br />. <br /> <br />. <br /> <br />Glenn E. Porzak <br />Michael F. Browning <br />Richard A. }chnson <br />George v, Bet];, Jr, <br />Steven J. Bushong <br />Michael J. Repucci <br /> <br />Porzak Browning & Johnson liP <br /> <br />ATTORNEyS ,AT ,LAW <br /> <br />929 Pearl Street, Suite 300 . Boulder, CO B0302 <br />303 443-6800 . Fax 303 443,6B64 <br /> <br />Wrn. lke Kr<lsniewtcz <br />Julie Schoenfeld <br />KJlhleen M. Morgan <br /> <br />Of Counsel: <br />Neil C. King, P.c. <br /> <br />December 14 1998 <br />, <br /> <br />Vl4 HAND DELIVERY <br />Jennifer Gimbel, Esq, <br />Assistant Attorney General <br />Natural Resources Section <br />1525 Shennan Street, 5th Floor <br />Denver, CO 80203 <br /> <br />Re: Colorado Water Conservation Board/Agenda Item for January Meeting <br /> <br />Dear Jennifer: <br /> <br />The purpose of this letter is to request inclusion of Case No, 97CW306 on the Colorado <br />Water Conservation Board's (the "Board'') agenda for its January meeting, This matter involves <br />a downstream change of senior irrigation water rightS on the Eagle River and an augmentation <br />plan to replace out of priority depletions associated with certain new uses, The Board's staff <br />(Jennifer Gimbel and Greg Espergren) agree that the attached stipulation will likely result in a <br />significant benefit to a large section of the Eagle River by reducing historic depletions through <br />much of the affected reach, However, the staff is unable to approve the stipulation without the <br />Board's consent as they believe there will be a small reach of the Eagle River (approximately <br />150 feet) between the downstream diversion point for the new development (the Raw Water <br />Booster Pump) and the point of municipal retum flow (the Avon wastewater treatment plant) in <br />which instream flows may be adversely impacted, <br /> <br />The Applicants in Case No, 97CW306 (the Upper Eagle Regional Water Authority, EMD <br />Limited Liability Company, and others) request an opportunity to present to the Board the facts <br />relevant to the attached stipulation and request the Board's approval of the same, Applicants' <br />presentation to the Board should only require about 10 minutes, The follovring are the principal <br />factors to be presented for the Board's consideration: <br /> <br />,bOSll <br />