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<br />. <br />, <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />STATE Qj COLORI\DO <br /> <br />- <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone, 1303) 866-3441 <br />FAX: (303) 866-4474 <br /> <br />Roy Romer <br />Gowrnor <br /> <br />MEMORANDUM <br /> <br />James S. lochheild <br />Executive Director, ONR <br />DariesC.lile, PE. <br />Director, eWe8 <br /> <br />TO: Colorado Water Conservation Board Members <br /> <br />FROM: William P. Stanton, P.E. <br />Chief, Project Planning and COf\Struction Section <br /> <br />DATE: November 13, 1996 <br /> <br />SUBJECT: Agenda Item 24, November 25-26, 1996 Board Meeting - <br />Overland Ditch & Reservoir Co. - Request for Assistance in By-pass Flow Case <br /> <br />Introduction <br /> <br />By letter to Chuck Lile dated September 13, 1996 (see attachment), the Board of Directors <br />of the Overland Ditch and Reservoir Company bave requested assistance in their lawsuit against <br />the U. S. Forest Service regarding a by-pass flow imposed on Overland Reservoir in 1986. Mr. <br />Peter Kasper, President of the company, will be available at the meeting to explain the situation. <br /> <br />Backt(round <br /> <br />Overland Reservoir is located on Cow Creek, a tributary to Muddy Creek which is <br />tributary to the North Fork of the Gunnison River in Delta County. The dam was originally <br />constructed in 1905 in Grand Mesa National Forest, about 40 miles northeast of Hotchkiss. In <br />1951, it was enlarged to 6,200 acre-feet, but iI11957 it was restricted to 5,200 acre-feet due to <br />an instability in a section of the dam. In 1988 it was rehabilitatated to 5,820 acre-feet. Additional <br />work on the spillway in 1991 increased the capacity to 6,203 acre-feet. <br /> <br />The rehabilitation project was fInanced in part through an $850,000 construction loan from <br />the CWCB Construction Fund and a $2,883,000 loan from the U.S, Bureau of Reclamation <br />(USBR) through its Small Projects Loan Program. In 1988 the company borrowed an additional <br />$541,947 to fInance a reduced price repurchase agreement for the remaining balance owed on the <br />Small Projects Loan from the USBR. <br /> <br />As a condition for permission to rehabilitate the dam, the Forest Service issued a new <br />special use permit and easement which contained a clause requiring a by-pass flow down Cow <br />Creek. This requirement called for a flow of 2.0 cfs or the natural inflow, whichever is less <br /> <br />:l <br />