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<br />e <br /> <br />e <br /> <br />e <br /> <br />On April 14, the Board received a letter from Mt. Emmons Mining Company requesting <br />inundation ofa portion of the Board's Carbon Creek water rights under Section 8.00 of the Rules. <br />and Regulations. Mt. Emmons Mining Company has not performed any studies to determine the <br />impact of the inundation on the natural environment. However, the company anticipates that it <br />will be required to acquire numerous federal, state and local permits before construction can <br />begin. Therefore, the letter also requested that the Board defer action, under Section 8.33 of the <br />Rules and Regulations, on the Request to Inundate pending the resolution of the water court trial <br />and the permitting of the structure on Carbon Creek. <br /> <br />Additionally, Mt. Emmons Mining Company has proposed a stipulation with the Board. The <br />stipulation has the following elements: <br /> <br />I. Recognition of the Board's water right in Case No 4-80CWI09 for 3.0 cfs on Carbon Creek <br />with a appropriation date of March 17,1980. <br />2. Recognition that the Board's instream flow right is senior to the proposed storage facility on <br />Carbon Creek, <br />3. Recognition that the proposed storage facility will inundate approximately I mile of Carbon <br />Creek., <br />4. A provision that states that Applicant shall install, maintain, and monitor measuring devices <br />as required by the State or Division Engineer and the CWCB, State and Division Engineers <br />shall have access to such measuring devices, and <br />5. A provision that states that the CWCB will defer consideration of the Request to Inundate <br />until permitting by other state, federal, and local agencies is completed. In the event that the <br />Applicant is required by other agencies to provide mitigation or compensation to offset the <br />impacts of the Mt. Emmons project, CWCB shall consider the cumulative affect of such <br />mitigation or compensation on the mitigation or compensation it will require as a condition <br />of granting its approval to inundate a portion of the Carbon Creek minimum flow reach. <br />When making its determination whether to approve the request to inundate, CWCB may <br />require additional compensation or mitigation than that required by other agencies in <br />accordance with CWCB rules. Prior to construction on Carbon Creek, Applicant will comply <br />with CWCB rules regarding the mitigation to be made upon inundation of a CWCB <br />minimum flow reach. <br /> <br />Recommendation <br /> <br />Staff recommends that the Board accept the Request to Inundate a portion of Carbon Creek <br />under Section 8.00 of the Rules and Regulations and that the Board defer consideration of the <br />request to inundate under Section 8.33 of the Rules and Regulations. Staff also recommends that <br />the Board ratify the Stipulation between the Board and the Mt. Emmons Mining Company in <br />Case No. 4-96CW3 I I. <br /> <br />Attachments <br /> <br />\\DENVER2\CWCB\ WCTRANSISECC\mjsbdmem\496CW311 RTLdoc <br />