BOARD02441

• Board Meeting Date: 3/26/2001
• Description: ISF Section - Donation Water Division 7 - Carbon Lake Ditch
• Board Meetings - Doc Type: Memo

270

DRAFT DONATIO~ AGREEMENT

AGREE~ENT

The COLORADO WATER CONSERVATION BOARD ("Board"), an agency of the State
of Colorado. and the SAN JUAN RESOURCE~ CONSERVATION AND DEVELOPMENT
COUNCIL ("Council"). a Colorado nonprofit corporlation, 701 Camino del Rio, Durango, La Plata
County, Colorado, 81301. in consideration of the mutual promises contained in this document,
agree as follows:

RECITALS

A. Pursuant to Section 37-92-102(3). C.R.S., t~e Board is vested with statutory authority to
acquire, by contractual agreement. such water, water rights, or interests in water as the
Board determines may be required for minimum stream flows to preserve the natural
environment to a reasonable degree. '

B. Under Section 37-92-102(3), C.R.S., no person or entity other than the Board "shall be
granted a decree adjudicating a right to water or interests in water for instream flows in a
stream channel between specific points ... for any pu rpose whatsoever".

C. The Council was organized to lead local elforts ,toward improving the economic and
social conditions of the San Juan resource:area in La Plata, Montezuma, Dolores.
Archuleta and San Juan Counties through development, conservation and proper use of
the resources of the area,

D. The Council works cooperatively with the Animas River Stakeholders' Group ("ARSG").
whose mission is to improve water quality ?nd aquatic habitat in the Animas watershed.
I
E. The Southwestern Water Conservation District ("District") supports the work of the
Council and ARSG (see attached letter). ;

F,

G.

The Council, the ARSG, and the District rEicognize that elimination or reduction of acid
mine drainage will benefit aquatic life in area streams.
!
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Recent hydrogeological studies have indidated that there is a high probability that water
from the Carbon Lake Ditch, a transbasin Cliversion which diverts from the Big Horn Gulcl
drainage, is seeping Into the San Antonio Mine workings and contributing acid drainage
to the Mineral Creek watershed. The Council wishes to eliminate the source of acid mine
drainage and to restore the natural hydrological regime!n an unnamed tributary to Big
Horn Gulch, in Big Horn Gulch, and in Mineral Creek (North Fork), ARSG has sampled
water quality and mine waste sites in the Carbon Lake area and determined that the
Kohler Tunnel drainage contributes the largest amounts of aluminum, cadmium. copper,
and zinc to the Animas watershed of any ~ingle source. Accordingly, ARSG has given
the Kohler Tunnel drainage the highest pfiority for remediation.

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