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<br />. <br /> <br />. <br /> <br />. <br /> <br />> <br /> <br />, <br /> <br />CWCB Instream Flow Authority <br />· The COE indicated that as a result of this re-opening process that they would determine the adequacy <br />of the CWCB instream flow water rights to protect the natural environment of Snowmass Creek. <br />This determination belongs exclusively to the CWCB under Colorado law, <br />· These determinations have been made by the CWCB and confirmed by state courts, <br />· The CWCB instream flow water rights work within the prior appropriation doctrine, thus <br />recognizing the seniority of existing water rights at the time of the CWCB appropriation. <br /> <br />Alternatives to Re-opening Petition <br />· The Petitioners should work within the State's water rights system to develop available water <br />resources to supplement what they feel are inadequate winter stream flows. <br />· CWCB is ready to work with the Petitioners to investigate the development of a water resource <br />project to address its concerns. <br /> <br />Closine: Comments <br /> <br />Fortunately, the decision to re-open this permit has not yet been announced. There is still time to avoid <br />needless legal and political confrontation, As stated in Chairman Miskel' s letter, "At the very least, the <br />COB should delay any decision on this matter and work with the State of Colorado and others to <br />carefully assess this situation and explore other possible remedies, should any be warranted." <br /> <br />Chairman Miskel in his letter to Colonel Davis requested that the Colonel attend the upcoming meeting <br />of the CWCB in Cortez, CO to explain the situation from the COB perspective and to field questions <br />from the board members and the public. Colonel Davis's staff has indicated that he will not be able to <br />attend but that the Chief of the Construction and Operations Division, Sacramento District, Karen <br />Durham-Aquilera and the Chief of the Regulatory Branch, Sacramento District, Art Champ would attend <br />in his place, Hopefully, this will provide an opportunity to begin a meaningful dialog on this most <br />serious of contemplated actions. <br /> <br />Attachments: A, B, C, and D <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br /> <br />3 <br />