BOARD02473

• Board Meeting Date: 3/26/2001
• Description: Joint Water Quality Meeting Follow-Up
• Board Meetings - Doc Type: Memo

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dismiss were also submitted by the Colorado;Department of Natural Resources,
Colorado River Water Conservation District) Vail Resorts,lnc., and the Denver Water
Board.2 .

On Febroary 13,2001, the Commissi~lD heard arguments by counsei for the
parties on the motion to dismiss.3 Having re:viewed the submittals of the parties, and
after hearing arguments on the motions, the Commission, for the reasons stated
below, GRANTS the motion to dismiss.

STATEMENl1 OF FACTS

Dundee submitted a copy of the Divi~ion certification letter as an attachment
to its motion to dismiss this appeal. The following statement of facts is based only on
that letter, the appeal filed by Trout Unlimited and Colorado Wild and the respective
pleadings and oral arguments of the parties, to the extent that those pleadings reflect
agreement. In resolving this motion to dismiss, the Commission makes no findings
regarding disputed facts. .
,
Dundee seeks authorization to CClnst$ct and operate a structure to divert water
from the North Fork of the Snake River for llnowmaking purposes at the Arapahoe
Basin Ski Area ("the project"). Dundee Ow/1s decreed water rights in the North Fork
sufficient for this purpose and proposes to divert water from the North Fork from
September through December. l

Diverting water from the North For~ which contains a healthy brook trout
fishery, will result in reduced flows - and thus reduced habitat - for fish and other
aquatic life. Concentrations of heavy metal,S in the mainstem of the Snake River,
which does not presently meet certain \Vatet quality standards due to mine drainage
from another tributary, are also predicted t~ increase 0.7% to 4.9 %.

Because the ski area is located on Njitional Forest land, Dundee was required
to obtain from the U. S. Forest Service ("U~FS") a special use permit authorizing this
and related activities. As a part of its review of the special use permit application, the
USFS prepared an Environmental Impact ~tatement of the impacts of the project.
The USFS also conducted a study of the prpject's impact on aquatic resources in a
report captioned the "Aquatic Resources Technical Report."

2 The City of Aurora, the Board of Water Works ~fthe City of Pueblo, and the Northwest
Colorado Council of Governments also filed Reqljests for Party Status. In light ofthis order,
those requests are moot. ;

3 The parties in their arguments did not address thb request for stay, and in light ofthls order,
the request for stay is moot.

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