BOARD01684

• Board Meeting Date: 7/13/1998
• Description: ISF Section - Authorization to Proceed to Trial - Case No. 4-96CW311, Mount Emmons Mining Company
• Board Meetings - Doc Type: Memo

.

Colorado Water Conservation Board
Department of Natural Resources
i21 Centennial Building
1 31 3 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLOMDO

-

"

MEMORANDUM

Roy Romer
Covernor
J..mes S. Lochhead
Executive Director, ONR
OariesC.lile. P.E.
Direaor, ewes
Peter H. Evans
Acting Director, ewcs

To: Colorado Water Conservation Board Members

From: Dan Merriman
Jeff Baessler

DATE: July 7,1998

SUBJECT: Agenda Item lOa, July 13-14, 1998 Board Meeting-
Instream Flow Program - Authorization to Proceed to Trial
Case No. 4-96CW311; Mount Emmons Mining Company

. Background

At its March 20,1997, meeting the Board ratified the Statement of Opposition filed for Case No,
4-97CW311, Applicant applied for new junior surface and storage water rights near Crested
Butte in Gunnison County (see attached map). Applicant proposes to develop a system of large
reservoirs, several new diversion structures and a pipeline system, Applicant's proposed water
rights will be used for industrial purposes associated with the mining and milling of
molybdenum, All of the Applicant's water rights are junior to the Board's rights and will have a
1996 appropriation date, One of the proposed conditional storage rights will inundate the
Board's instream flow right on Carbon Creek.

Discussion

At its May 11-12, 1998, meeting the Board considered three requests from Mt. Emmons Mining
Company:

. A Request to Inundate a portion of Carbon Creek under Section 8,10 or the Rules and
Regulations for the Instream Flow and Natural Lake Level Program,
. A Request to Defer Action on the inundation request under Section 8.33 Deferral, and
. A proposed stipulation to settle the water court case,

. L:\BOARDMEM\July98\ I Oa,doc