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<br />. <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 12 <br />July 16, 1991 <br /> <br />formal order of the court this error has been corrected. The staff is appreciative of <br />POWER bringing this issue to its attention, and certainly can see the basis for their <br />concern. <br /> <br />With the purpose of the Board's water right clarified and no longer an issue, <br />it appears that the basic goals of POWER and the Board are compatible, if not one <br />in the same; i.e., to ensure that the lake level is maintained as against future water <br />right activity. POWER has prepared an outline of their position and actions regarding <br />Lake San Cristobal which is attached for your information. A further objective <br />included in their outline is to provide some degree of local control over the waters of <br />the lake in addition to the protection afforded by the Board's right We are currently <br />exploring ways in which this could occur. <br /> <br />POWER also maintains that the current level of the lake includes an artificial <br />level over and above that portion covered by the Board's water right. The <br />investigations that the staff have performed to date to clarify this issue indicate that <br />the Board's water right does in fact cover the entire volume and level of the lake as <br />it exists today. <br /> <br />A referee's hearing was scheduled for the POWER case on July 23, 1991. <br />Through mutual agreement, POWER, the Board staff and Attorney General's staff <br />have requested that this hearing be vacated as both parties are cooperatively working <br />toward resolution of the case. <br /> <br />Staff Recommendation <br /> <br />The staff recommends that consideration be given to Board participation in a <br />stabilization project, and what that participation would involve. <br /> <br />Since no formal Board action is required at this time on the water rights issue, <br />the staff recommends the Board instruct its staff and Attorney General's staff to <br />continue working with POWER, Hinsdale County and Lake City to resolve the <br />concerns surrounding the water right application. <br /> <br />DCM/bj <br />Attachments <br /> <br />bj149.12 <br /> <br />3 <br />