BOARD01945

• Board Meeting Date: 7/26/1999
• Description: ISF Section - Additional Extension of Time to Submit Formal Request to Inundate - Board of Water Works of Pueblo, Colorado
• Board Meetings - Doc Type: Memo

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e BEFORE THE COLORADO WATER CONSERVATION BOARD

REQUEST FOR ADDITIONAL EXTENSION OF TIME TO SUBMIT FORMAL
REQUEST TO PARTIALLY INUNDATE AN EXISTING INSTREAM FLOW

The Board of Water Works of Pueblo, Colorado ("Pueblo"), by its attorneys, Carlson,
Hammond & Paddock, L.L.C., hereby submits this Request for an Extension of Time to Submit
a Formal Request to Partially Inundate an Existing Instream Flow.

1. Pueblo has a pending application in Case No. 98CW138, Water Division No.2,
seeking among other things, confIrmation of certain water storage rights in the Tennessee Park
area near Leadville, Colorado. Pueblo's proposed Tennessee Creek Reservoir will inundate
approximately 1.2 miles of an existing instream flow right decreed to the Colorado Water
Conservation Board ("CWCB'') in the amount of2 c.f.s. in Case No. W-77-4640, Water
Division No.2.

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2. On March 26, 1999, Pueblo fIled a Request for Extension of Time To Submit
Formal Request to Partially Inundate an Existing Instream Flow in order to conduct additional
fIeld studies in preparation of a proposed mitigation plan. On March 31, 1999, the CWCB
granted Pueblo's request for an extension oftime to July 7, 1999, within which to fIle a formal
request to partially inundate the instream flow.

3. Unfortunately, after a mild winter, the late spring snows in the Leadville area
were quite heavy and Pueblo's consultants were not able to conduct the necessary fIeld surveys
until early June 1999. An additional extension of thirty (30) days will allow Pueblo's
consultants time to analyze the new data and prepare a more complete mitigation plan.

WHEREFORE, Pueblo requests an additional extension to August 9, 1999, within which
to submit its Formal Request to Partially Inundate the East Tennessee Creek instream flow
right decreed in Case No. W-77-4650. A proposed Order is attached hereto.

Respectfully submitted this ;2~ day of June 1999.

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