BOARD02364

• Board Meeting Date: 5/11/1998
• Description: ISF Section - Carbon Creek - Case No. 4-96CW311 - Mount Emmons Mining Company
• Board Meetings - Doc Type: Memo

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Mr. Dan Merriman
April 14, 1998
Page 5

Carbon Creek, Applicant will comply with CWCB rules regarding the
mitigation to be made upon inundation of a CWCB minimum flow reach.

Compensation: Once Mt. Emmons Mining Company has a better assessment of
Carbon Creek Reservoir's impact on the Board's minimum stream flow right, as well
as whether mitigation will be necessary to obtain various federal, state and local
permits, it will be in a more appropriate position to work with the Board and CWCB
staff to develop suitable alternatives to compensate for any negative impacts that may be
associated with the reservoir.

Request to Defer Consideration

Pursuant to Section 8.33 of the Rules and Regulations Concerning the Colorado
Instrearn Flow and Natural Lake Level Program, Mt. Emmons Mining Company
requests that the Board defer consideration of this request to inundate until federal, state
and local permitting have been completed. The Mt. Emmons Project is an extremely
large and complex undertaking. The conditional water rights application that has
prompted this Request to Inundate is an initial step in the overall development of the
project. Consequently, much of the information necessary for the Board to make an
informed determination regarding whether or not to approve this request and the terms
and conditions necessary for approval is not presently available. Much of the same
analysis will, however, be completed in the process of obtaining other federal, state,
and local permits. Therefore, Mt. Emmons Mining Company requests that the Board
revisit this Request to Inundate when permitting for the Mt. Emmons Project by other
federal, state and local governmental agencies has been completed.

Respectfully submitted this L day Of~, 1998.
GORSUCH KIRGlS L

ATTORNEYS FOR MT. EMMONS
MINING COMPANY