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Last modified
8/16/2009 3:08:36 PM
Creation date
10/4/2006 7:04:35 AM
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Board Meetings
Board Meeting Date
3/29/1999
Description
ISF Section - Proposed Injury with Mitigation/Modification - Case No. 5-97CW283, Breckenridge
Board Meetings - Doc Type
Memo
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<br />- ' <br /> <br />ROBERT L. TIBBALS, JR. <br />ATTORNEY AT LAW <br />6444 South Quebec Street, Suite 302 <br />Englewood, Colorado 80111 <br /> <br />i <br /> <br />e <br /> <br />RECEIVED <br />MAR 1 8 1999 <br /> <br />Telephone: (303) 771-1913 . Toll-Free: (800) 747-9741 <br />FAX: (303) 771-1836 <br /> <br />ColorzCc Wr:AfJr <br />Cor.s<:::"i:.;..:::"; 2Ci:'!fd <br /> <br />March 1, 1999 <br /> <br />Greg Espergen <br />Colorado Water Conservation Board <br />1 J 1 J Sherma.ti :St., Room 721 <br />Denver, CO 80203 <br /> <br />RE: Town of Breckenridge Application for Change of Water Rights, Case No. 97CW283. <br /> <br />Dear Mr. Espergen: <br /> <br />I represent the Frisco Sanitation District, a quasi-municipal entity engaged in waste water <br />collection and treatment for the town of Frisco, Colorado and its immediate environs. <br /> <br />. The District's historic point of discharge for return of its treated effluent to the Blue River system <br />is located upon Miners Creek. When discharged, the District's effluence commingles with in- <br />stream flows and proceeds downstream into Dillon Reservoir. The parameters of the District's <br />discharge permit, (and thus its planned treatment capability and capacity) have been, in part, <br />determined by historic in-stream flow conditions on Miners Creek. <br /> <br />It has come to the attention of the District's Board of Directors the Town of Breckenridge is <br />seeking to secure a right to exchange water purportedly is historically diverted from Miners <br />Creek, to a point on the Blue River upstream of the town. As part of its proposed absolute <br />exchange rights, the Town is also seeking a declaration that such exchanges predate Miners <br />Creek in-stream flow rights decreed in Case No. 85CW649. <br /> <br />The District is concerned that changes to the historic in-stream flow regimen will result in <br />significant impacts to the District's discharge permit conditions. This may require the <br />expenditure of large sums of water for increased levels of treatments to compensate for reduced <br />in-stream flows. While the District recognizes that dilution is not the ultimate water quality <br />panacea, it does believe the data (upon which the District's planning and facilities construction <br />was based) is founded upon actual, observed conditions, rather than rumored historic uses of <br />water which mayor may not have occurred in the Miners Creek basin. <br /> <br />e <br />
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