BOARD01701

• Board Meeting Date: 11/22/1999
• Description: Underground Storage of Water
• Board Meetings - Doc Type: Memo

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OFFICE OF THE A ITORNEY GENERAL

STATE SERVICES BUILDING
1525 Sherman Street - 5th Floor
Denverf Colorado 80203
Phone [phone]
FAX [phone]

KEN SALAZAR
Attorney General

BARBARA McDoNNELL
Chief Deputy Attorney General

NUCHAELE.McLACHLAN
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW

November 15,1999

CONFIDENTIAL MEMORANDUM

PRIVILEGED AITORNEY-CLIENT MEMORANDUM NOT
TO BE PLACED IN CENTRAL FILES. ANY CIRCULATION
OR DISTRIBUTION TO PERSONS OUTSIDE THE EMPLOY
OF THE CLIENT MA Y WAIVE THE PRIVILEGE.

TO: Colorado Water Conservation Board members

. THRU: Dan McAuliffe
FROM: Ted Kowalski ---Ill

RE: Sportsmen's Ranch, Case Nos. 96CW13 and 96CW14, Water Division No.1

I understand that you discussed these cases at the September Board meeting, and that you
were interested in a brief update on the current status. The opinions expressed in this memo are
those of the authoring attorney and should not be construed as an official opinion of the Colorado
Attorney General.

OVERVIEW OF THE PROJECT

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The proposed South Park Conjunctive Use Project ("Project") facilities are located in
South Park Colorado in Water Division No. I. All of the potentially affected water rights are in
the South Platte River drainage. The Project proposes the removal of 110,000 acre-feet from the
Upper and Lower South Park aquifers. The removar of this water is necessary so that sufficient
storage space is available to allow water from the recharge facilities to infiltrate into the South
Park aquifers. The Project includes a surface water collection system that intercepts a number of
tributaries to the South Platte River. South Park Sportsmen's Ranch ("Applicant") proposes to
divert water from these sources to recharge ponds and ditches located on the Applicant's Ranch
("Ranch") and certain Bureau of Land Management ("BLM") property located just to the west of