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<br />.,. <br /> <br />. <br /> <br />. <br /> <br />VRAN ESH AN 0 RAISCH <br /> <br />ATTORNEYS AT LAW <br /> <br />GEORGE "'RANESH <br />JERRY W. RAISCH <br />JOHN R. HENDERSON <br />MICHAEl.. C. SHIMMIN <br />EUGENE oJ. RIORDAN <br /> <br />2 120 13W STREET <br /> <br />PAUL.J. ZILIS <br />BRADLEY W. CAMERON <br />LISA C. LEOET <br /> <br />P. O. BOX 871 <br /> <br />BOULDER, COLORADO 80306 <br /> <br />TELEPHONE 303/443-6151 <br /> <br />July 28, 1987 <br /> <br /> <br />JUL 2 b 198/ <br /> <br />~ <br /> <br />HAND DELIVERED <br /> <br />Mr. William McDonald, Director <br />Colorado Water Conservation Board <br />1313 Sherman street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: Fort Collins Instream Flow Case -- 86CW371 <br /> <br />COLORADO WATER <br />CONSERVATION BOARD <br /> <br />Dear Bill: <br /> <br />On behalf of Fort Collins, I enjoyed meeting with you and <br />your staff in Fort Collins last week to discuss the Board's <br />minimum stream flow program, tour the City'S Recreational <br />Corridor, and discuss the Fort Collins instream water rights <br />filing. As we discussed, this letter is to offer some thoughts <br />regarding the city's hope that the CWCB will become directly <br />involved in the City's 1986 instream flow filing. <br /> <br />Please understand that Fort Collins is aware that the pure <br />legal position of the Board is that Fort Collins lacked the legal <br />authority to appropriate water for instream purposes, and that <br />the 1986 filing is without merit. It is our hope that we can all <br />look beyond the pure legal issue to the facts of this situation <br />and find a way to resolve the Fort Collins case on grounds other <br />than pure legal theory. Therefore, we offer the following for <br />consideration by the Board in its preliminary discussions about <br />involvement in the Fort Collins case. <br /> <br />1. I believe that Fort Collins is aware that the amounts, <br />stream reaches, and uses will be subject to review by the Board <br />using its standard procedures and would welcome input from the <br />Board on these issues. I do not think that Fort Collins would <br />request the Board to assume those items without independent <br />review. In this way, the policy goal of insuring that the amount <br />and uses for the instream right are not excessive would be <br />satisfied. <br /> <br />~ ftcollin\william <br />