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<br />~ J.:~ q"6~ ~ <br /> <br />CARLSON, HAMMOND & PADDOCK, L.L.C. <br />ATTQ RN EYS AT LAW <br /> <br />e?ARY MEAD HAMMONO <br />ILLIAM A. PADDOCK <br />EE H. ..JOHNSON <br />PETER C. FLEMING <br />ELIZABETH POLLOCK <br /> <br />1700 LINCOLN STREET, SUITE 3900 <br />DENVER, COLORADO 80203-4539 <br /> <br />JOHN UNOEM CARLSON <br />(1940-1992) <br /> <br />TELEPHONE (3031 861-9000 <br />TELECOPIER (303) 861-9026 <br /> <br />May 11, 1998 <br /> <br />Via Hand Deliverv <br /> <br />Board Members <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 731 <br />Denver, Colorado 80203 <br /> <br />Re: Comments of the Board of Water Works of Pueblo, Colorado, regarding the <br />CWCB's Proposed Instream Flow on Tennessee Creek in lake County, <br />Colorado <br /> <br />Dear Board Members: <br /> <br />. <br /> <br />This firm represents the Board of Water Works of Pueblo, Colorado ("Pueblo"). On <br />March 9, 1998, I wrote to the Colorado Water Conservation Board ("CWCB") to provide an <br />introduction to Pueblo's long-standing interlt to construct a water storage reservoir in the <br />Tennessee Park area of lake County, just to the northwest of leadville. As discussed in my <br />prior letter, Pueblo's proposed reservoir will inundate a stretch of a proposed instream flow <br />on Tennessee Creek, as well as an existing instream flow reach on East Tennessee Creek. <br /> <br />The purpose of this letter is to provide a more detailed background on Pueblo's <br />reservoir plans, to /ist Pueblo's preliminary concerns with the CWCB's proposed instream <br />flow reach on Tennessee Creek, and to propose an agreement to resolve Pueblo's concerns. <br />Pursuant to the CWCB's Rules and Regulations, Pueblo will submit a formal request to <br />inundate the instream flow reach on East Tennessee Creek at a later date. <br /> <br />A map (Exhibit A) and several other exhibits are attached to this letter for illustrative <br />purposes. <br /> <br />The cweB's Proposed Instream Flow Reach in Tennessee Park <br /> <br />· The proposed instream flow reach runs from the confluence of Tennessee <br />Creek and long's Gulch to the confluence of Tennessee Creek with the East <br />Fork of the Arkansas River, a distance of approximately 4.5 miles. See Exhibit <br />A. <br /> <br />. <br /> <br />The proposed instreilm flow reach was identified in the CWCB's February 5, <br />1998, Notice of Intent to Appropriate Instream Flow Water Rights. <br /> <br />.' <br />