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<br />. <br /> <br />. <br /> <br />. <br /> <br />310 <br /> <br />DAVID C. LINDHOLM <br /> <br />Attorney at Law <br />4450 Arapahoe A venue, Suite 100 <br />p, O. Box 18903 <br />Boulder, Colorado 80308-1903 <br /> <br />Telephone: (303) 415-2502 or 442-2555 <br />Facsimile: (303) 494-7132 <br /> <br />December 13, 2000 <br /> <br />Dan Merriman, Chief <br />Water Rights Investigation Section <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: Case No. 99CW108; Application of Randolph Capital Corporation, <br />North Fork Associates and Mountain Mutual Reservoir Company <br /> <br />Dear Dan: <br /> <br />By this letter, I would request that the Colorado Water <br />Conservation Board consider withdrawing the Statement of Opposition <br />previously filed in Case No. 99CW108. As you know, this matter <br />involves a small plan for augmentation in the Bear Creek drainage <br />basin. The augmentation plan being proposed is designed to cover <br />a twenty-one unit residential subdivision to be located North and <br />West of Evergreen Lake. A small portion of the property lies in <br />the TrOUblesome Creek drainage basin. Troublesome Creek is a <br />tributary of Bear Creek. <br /> <br />Bill Blatchley and I met with Ted Kowalski and Susan Schneider <br />on December 11, 2000, to discuss the ewCB's concerns with the <br />proposed Decree in the Case, and determine why the eWCB elected to <br />seek party status last year. We confirmed with Mr. Kowalski and <br />Ms. Schneider that only one of the wells to be constructed by <br />Randolph Capital will deplete the flow of water in Troublesome <br />Creek,. As a consequence, the impact on Troublesome Creek flows <br />will be less than 0.0005 of a cubic foot per second. We further <br />noted that wastewater from the development will be treated by the <br />Evergreen Metropolitan District, so that over ninety-five percent <br />of the water pumped from each well for in-house purposes will <br />return to Bear Creek, The impact on Bear Creek flows above the <br />Evergreen Metro Wastewater Treatment Plant will be no more than <br />0.009 of a cubic foot per second. The impact on Bear Creek flows <br />below the Evergreen Metro Wastewater Treatment Plant will be no <br />more than 0.002 of a cubic foot per second. <br /> <br />At the request of Mr. Kowalski, the staff at Blatchley <br />Associates, Inc. has evaluated the flow of water in Bear Creek <br />inunediately above Evergreen Lake, as reflected by the U.S.G.S. <br />Gauge installed in 1984. Over the seventeen years that the Gauge <br />