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<br />. <br /> <br />. <br /> <br />. <br /> <br />HOLLAND&HART~1I2 <br /> <br />Mr. Todd Doherty <br />November 29, 2004 <br />Page 2 <br /> <br />During late 2003, the Town of Minturn completed channel rehabilitation and <br />restoration work on a 0.8 mile stretch of the Eagle River through Minturn. The <br />restoration work was undertaken to restore the natural form and function of the stream <br />system. Railroad construction along the east bank of the river, development within <br />Minturn and upstream, and upstream mining activities all adversely affected the river <br />over time. The stream channel through Minturn had become straightened and widened, <br />and lost its natural riffle/pool bedform. Land adjacent to the channel had limited native <br />riparian vegetation and high erosion potential. The restoration work was funded in <br />large part by a Natural Resource Damage Fund grant to restore the natural environment <br />of the River. The project remeandered the channel, reshaped the cross section to its <br />natural width and added riffle/pool sequences bringing the stream back to a natural <br />state. Extensive vegetation was also planted on the newly created flood terraces. <br />Similar restoration work is contemplated by Minturn on both upstream and downstream <br />segments of the Eagle River. <br /> <br />As you will see, the enclosed report includes the results of the calculations made <br />by'ERC pursuant to the R2Cross methodology concerning the minimum flow levels <br />necessary to preserve to a reasonable degree the natural environment of the restored <br />Eagle River between Cross and Gore Creeks. The R2Cross methodology was utilized <br />because it is Minturn's understanding that it is the methodology generally preferred and <br />recontmended by the CWCB for these purposes. ERC's report recommends protection <br />of increased instream flows from 30 to 148 cfs, over four seasonal periods. These <br />recommendations are based on both the R2Cross results, and ERC's evaluation of water <br />availability. An instreant flow water right at these levels is necessary to preserve the <br />natural environment to a reasonable degree. <br /> <br />It is our understanding that the CWCB staff will provide a preliminary response <br />to Minturn's request within the next 30 days. In the meantime, we would be pleased to <br />meet with you and other CWCB staff members to discuss and answer any questions you <br />may have concerning the request. Please let us know if you would like to schedule such <br />a meeting. Thank you for your assistance. <br /> <br />Very truly yours, <br /> <br />/ J.. fl (''I. \ <br />( {yw..J_)I.' L~ v' <br />Anne J~'Castle <br />Christopher L. Thorne <br />of Holland & Hart LLP <br /> <br />AJC <br />Enclosure <br />