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<br />. <br /> <br />. <br /> <br />CARLSON, HAMMOND & PADDOCK, L.L.C. <br />ATTORNEYS AT LAW <br /> <br />.ARY MEAD HAMMOND <br />ILL-lAM A. PADDOCK <br />LEE H. ...JOHNSON <br />PETER C. F"LEMtNG <br />ELIZABETH POLLOCK <br /> <br />1700 LINCOLN STREET, SUITE 3900 <br />OENVE:R, eOLORAbO 80203-4539 <br /> <br />,JOHN UNOEM CARLSON <br />(19-40-1992) <br /> <br />TELEPHONE (303) 661-9000 <br />TELECOPIER (303) 661'9026 <br /> <br />March 9, 1998 <br /> <br />Board Members <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80230 <br /> <br />Re: CWCB Instream Flows in the Tennessee Park area of lake County, and the <br />Proposed Reservoir of the Board of Water Works of Pueblo, Colorado <br /> <br />Dear Board Members: <br /> <br />. <br /> <br />This firm represents the Board of Water Works of Pueblo, Colorado ("Pueblo"). We <br />hope that this letter will provide the Colorado Water Conservation Board ("CWCB") with an <br />introduction to Pueblo's longstanding intent to construct a water storage reservoir in the <br />Tennessee Park area of lake County, just northwest of leadville. The proposed reservoir <br />would inundate a portion of an existing instream flow right decreed to the CWCB in Case <br />No. 77-W-4650, as well as a portion of an instream flow right proposed in the CWCB's <br />February 5, 1998, Notice of Intent to Appropriate Instream Flow Water Rights. <br /> <br />As early as 1941, Pueblo initiated plans to build a reservoir in the Tennessee Park <br />area in order to secure sufficient water rights and storage capacity for its municipal water <br />supply system. In 1943, Pueblo retained a consulting engineer to study the feasibility of <br />constructing a reservoir in Tennessee Park. Pueblo filed a Map and Filing Statement of the <br />proposed reservoir site with the State Engineer's Office in 1943, and in 1951, Pueblo <br />purchased the Brisendine Ranch (a.k.a. leadville Ranch) in order to secure the site location <br />for the reservoir's dam. <br /> <br />Subsequently, the pressing necessity for the reservoir was tempered somewhat by <br />approval and construction of the large reservoirs included as part of the federal Fryingpan- <br />Arkansas Project. In fact, Pueblo was encouraged to delay the construction of its Tennessee <br />Park reservoir in order to ensure the successful enactment of the Fryingpan-Arkansas Project <br />legislation. However, Pueblo has, and continues to, maintain its intent to build the <br />reservoir. <br /> <br />More recently, the Board purchased the Escondido Ranch as part of its continuing <br />plan to build the reservoir. Together, Pueblo's two ranches in Tennessee Park comprise a <br />total area of almost 2,235 contiguous acres. <br /> <br />. <br /> <br />The reservoir will store approximately 28,788 acre-feet and cover approximately <br />1,278 surface acres. The lands inundated include a stretch of the instream flow decreed on <br />East Tennessee Creek in Case No. 77-W-4650, and a stretch of the proposed instream flow <br /> <br />t <br />