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<br />AU I =t,co :44"' t:Jt:l:.c., <br /> <br />..~. <br /> <br />''''f6a <br /> <br />Rod Kuharicb, Director <br />Dan Merriman, Section Chief <br />March 15, 2001 <br />Page 3 <br /> <br />~ <br /> <br />ditch easement rights to the Council for $50,000 for the entire 15 c.f.s. or pro rID:.a for a portion of <br />the right. Under a separate agreement, the Council proposes to then donate the water rights to <br />the CWCB for instream flow use in Mineral Creek (North Fork) and Big Horn Creek. The' <br />Council will not complete the purchase unless at least 180% of the water rights can be purchased <br />and the water rights are accepted for instream flow purposes by the CWCB. ARSG will <br />construct a pipe to convey across the San Antonio Mine area any Ditch water rights not <br />purchased, The Council or a designated entity will retain a majority ownership in the Ditch <br />easement to ensure the compliance of any remaining water rights owner with the use of the <br />pipeline as it crosses private property. <br /> <br />The Council has received approval from the Colorado; Department of Public Health and <br />Environment ("CDPHE") to purchase the Cllrbon Lakil Ditch water rights for $50,000. CDPHE <br />is providing this remediation grant under. the Colorado Non-Point Source (319) Program. Funds <br />will also be available to install a small pipeline to convey any unsold Ditch water rights, as well <br />as to perform cleanup activities in the immediate area, <br /> <br />This project is time-critical because of the sbort construction season and high elevation. The <br />closing date for the purchase of the water rights is anticipated to be April 20, 2001. Installation <br />of the pipe for conveyance of any remaining Ditch wa:ter rights must be accomplished this <br />summer, together with other cleanup activities. Using the State of Colorado bidding system <br />(Division of Minerals and Geology), it would take ten weeks for the contract bid documents to <br />be made public and another 30 days before construction could start. We would proceed with the <br />construction bidding as soon as we feel comfortable all legal and procedural issues have been <br />given preliminary approval. <br /> <br />Maps are enclosed which indicate the Headwaters ofI-,1ineral Creek (Map A), the Carbon Lake <br />Ditch (Map B) and the KoehlerlSan Antonio Mine ar~a (Map C). <br /> <br />Summary <br /> <br />In summary, the Southwestern Water Conservation District recommends that the CWCB accept <br />a donation ofat least 80% ofthe water rights - the Carbon Lake Ditch for use for instream flows <br />in approximately 4.62 miles of Mineral Creek (North;Fork) from the confluence of the North . <br />Fork and Big Horn Gulch to the confluence oithe Ndrth Fork and the South Fork of Mineral <br />Creek; 0.44 miles of an unnamed creek from Headgate 2 of the Ditch to the confluence with Big <br />Horn Gulch and 1.39 miles of Big Horn Gulch from Headgate I ofthe Ditch to the confluence <br />with Mineml Creek (North Fork). These donations would provide enhanced flows to preserve <br />the natural environment in Big Horn and Mineral Creeks and restore the natural hydrological <br />regime of the area. <br /> <br />Thank you for helping us to secure the dedication of the Carbon Lake Ditcb water rights to <br />instream flow purposes in the Mineral Creek basin. . <br />