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<br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />December 11, 19!27 <br /> <br />Mr. Dan Merriman, Chief <br />Water Rights Investigative Section <br />Colorado Water Conservation Board <br />1313 Sherman street, Room 721 <br />Denver, (X) 80203 <br /> <br />RECEIVED <br />DEe 1 5 1997 <br /> <br />Colorado Waler <br />Conservation Board <br /> <br />SUbject: Request for In-8tream Flow Filing on Dallas Creek <br /> <br />Dear Mr. Merriman: <br /> <br />As a follow-up to the July 22, 1997 request from twelve Ridgway families <br />for action by the Water Conservation Board to protect Dallas Creek, I am <br />forwarding some final documents from the Water Court. These close out the <br />legal case involving diversion of Dallas Creek water which our group of <br />families has fought since 1993. <br /> <br />The end result, as predicted, is that a Non-Irrigation Season water right <br />in the a.mouJ:1t of 10 c.f.s. has been drastically reduced to a total diversion <br />of not more than 1.87 c.f.s. The balance of 8.13 c.f.s. is canceled and <br />abandoned back to Dallas Creek. <br /> <br />In addition, a second and newer Water Court application for diversion <br />of an extra 1.25 c.f.s. has been dismissed by the Court. Enclosed for your <br />files are the relevant Stipulation and Agreement, the final decree on the <br />10 c.f.s. case, and the Motion to Dismiss the 1.25 c.f.s., all filed and <br />executed by the Water Court during the period November 18 to December 2, 1997. <br />Obviously, we are very pleased by the outcome of this case and are attaching <br />some press coverage which relates a bit of background on the water history of <br />Dallas Creek. <br /> <br />I was very pleased to speak with you last month, and am encouraged that <br />our request might be considered by your Board in January. As mentioned on the <br />telephone, we are having an exceptional season for trout and local salmon in <br />the stream, and we wish to do everything possible to protect this environment <br />for the future. As a group, we do have some concern about an In-Stream Filing <br />for the entire year (rather than limiting it to the Non-Irrigation Season only), <br />but we offer our support in any way that we can. Dallas Creek is so heavily <br />over-subscribed by ranching needs during the SUIIllIler months that we fear a year- <br />round filing migbt generate opposition from unexpected sources. However, we <br />leave the matter up to your best jUdgment. <br /> <br />Again, I tha.nk you for your interest in our case. We will be eager to <br />learn the decision of the Water Conservation Board. <br /> <br />Sincerely, <br /> <br />~..e #..LL-~ <br /> <br />Carol Huey <br />1400 County Road 24 <br />Ridgway, (X) 81432 <br /> <br />Encl. <br />cc: Ray H. Werner, CWCB Representative, Uncompah"are River <br />