BOARD02132

• Board Meeting Date: 5/30/1991
• Description: Agenda or Table of Contents, Minutes, Memos. Not All Materials Are Included.
• Board Meetings - Doc Type: Meeting

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Nature~
C~nseryaizcy

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MAY 2 0 '199'

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May 17,1991

Tim Beaton .
.collins&Cocki:-el,. P.C. -
~390. Union Blvd..,:-:Suite 40.0
.: Denver, - Colorado ..80228

RE: Case No. 89 CW.79,'Water Division 4

Dear Tim,

Per our discussions on.., May .15, I have added a paragraph to our
proposed stipulation "in the-above-referenced case, which tracks paragraph
20 of our. June 30, 1990 agreement with the Colorado Water Conservation '
Board (CWCB). Under that paragraph in our agreement with the CWCB, The
Nature Conservancy gave the CWCB the option to subordinate the 300 cfs
in stream right for the Black Canyon to 60,000 acre-feet of in-basin
depletion to the same extent that the Aspinall water rights are so
subordinated. The stipulation would take that one step further, and
require that the CWCB so subordinate the instream right for the Black
Canyon. Of course, this leaves open the question of just how the
subordination on the Aspinall water rights will be allocated and
administered.

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Even though the CWCB is not a party to this diligence case, The Nature
Conservancy cannot enter this stipulation without theCWCB's consent. I
also think the CWCB should execute this stipulation since it calls for
terms in the change of water rights decree and the CWCB will be the
applicant for that decree~ Accordingly I have made the Assistant Attorney
General for the CWCB a signatory and we will-need to seek the CWCB's
approval for this stipulation at its meeting on May 30 in Greeley.

I am prepared to recommend this stipulation to The Nature Conservancy
and I think Randy Seaholm is prepared to recommend it to the CWCB. You
said at our meeting on May 15, that you were prepared to recommend it to
-the City of Gunnison,"-If you or"anassociate will--be-unable. .to attend the
CWCB meeting in Greeley this month, I would very much appreciate a letter
confirming your recommendation of this stipulation to the city.

.no .__ _ 0_
- _n I alSo . very - mucl1ippr'edateyour. patience and willingness to work
through this case and reach a mutually acceptable settlement.

Very trU1Y~_

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R F. Wigington
Western Water Attorney

RFW/jbp
cc: David Walker, Randy Seaholm, Steve Simms

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Colorado Field Office
1244 Pine Street . Boulder, Colorado 80302 . (303 )444-2950
NHC.Y{:J.FJJ P.1n:R .