BOARD01487

• Board Meeting Date: 9/13/2005
• Description: ISF Section - Proposed Water Acquisition Pine River, La Plata County
• Board Meetings - Doc Type: Memo

Janicki, Anne

Subject:

Doug & Cindy Leming [[e-mail]]
Tuesday, August 30. 2005 5:15 PM
Janicki. Anne
Bill Casserly; George Malarsie; Corey Sue Derfus; don greenfield; Drew Peternell; Gordon
Herrick; Kathy Rosier; Margie Fischer; Melinda Kassen; Japhet, Mike; Pam & JP Patton;
Richard Spraker; Rick & Pati Helmick; Russ & Mary Meloche; tom knopick; Bob Sherman;
Merriman, Dan; brian capsay; Skinner, Jay; Bassi, Linda
Fw: CWeB 2006 Appropriation Application

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From:
Sent:
To:
Cc:

Dear Anne: At your suggestion, and because I am unable to email Don
Schwindt directly, I will fax a copy of this email to Don, I would also ask that you make a copy of this
available to the directors prior to the next meeting of CWCS.

I want to convey the following:

As you know, there is a draft agreement being considered by CWCB, PRID and SUIT regarding a
donation of water from Vallecito Reservoir for in-stream flow purposes. From what I know of the
contents of the proposed agreement, though there are some weaknesses, this would be a positive
step in preserving the environment in our valley and the Pine River watershed in particular. One
ingredient not addressed in the agreement is the issue of ramping rates. As a matter of practice, Hal
Pierce has been following the recommended ramping rates since he took over as superintendent @
PRID. Also, at a meeting with staff members of Bureau Of Reclamation, PRID, SUIT, DOW and other
interested water users and citizens on 2-15-2000, Joe Brown indicated that PRID could implement
ramping procedures, The draft donation leaves PRID and SUIT with a great deal of flexibility in
reservoir operations and leaves open the possibility that flows could fluctuate dramatically. Given the
importance of ramping rates to the fishery and natural values of the river and given that that there is
no other effort being pursued at this time to assure proper ramping, I would hope this could be
included in any agreement between the parties.

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Another very important issue on my mind is that CWCS should be prepared to apply for a new in-
stream flow right on the Pine in 2006, I realize
there has been some contention regarding filing the application during these negotiations, but J
believe from my experience that, while CWCS,
PRID & SUIT have made overtures for a number of years to do something positive, nothing has
happened to date. I say that because of the following reason; I first contacted Dan Merriman in
1999 to discuss the possibility of CWCS obtaining a water right, and he told me "As a matter of fact,
the Pine has been on our radar screen for the past 6 years as a candidate for an instream water
right". Fifteen years later, there has been nothing formalized, I believe the iron is hot, and all parties
seem to be working towards a mutual agreement that will benefit the river. However, I also believe
that without some dead line for negotiating this agreement, the instream flow application needs to be
started. I am informed by Dan that the CWCS can form its intent to appropriate and file an
application but that the application can be withdrawn if the agreement is put in place. Therefore, if no
one stalls, the agreement can be implemented without injury to any party's interest. As you know,
the proposed agreement was initiated and written by SUIT on January 23, 2003. For what ever
reason, nothing has been concluded for almost 3 years since that agreement surfaced.

Please support the position that the CWCS should take the steps necessary to file an application in .
time to obtain a 2006 appropriation date.

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