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<br />~6- <br /> <br />oal~o6 <br /> <br />homesteading, there was also a small sawmill in operation at Piney Lake. <br />The early access to the area was up Gore Creek and thence the trail up <br />Buffer Creek, which today is almost impassable by jeep. <br /> <br />Existing Water Rights, Diversions and Water Diversion Proposals <br />Affecting the Piney Drainage Basin <br /> <br />There are a number of existing state water rights decrees for <br />irrigation-agricultural purposes situated along the lower Piney. A <br />good many of them are no longer in use at this time. However, the few <br />remaining land owners do irrigate their hay meadows which would appear <br />to be of overall benefit to the environment of the river area by way of <br />recharging normally low late summer stream flows and providing an agricul- <br />tural green belt along the river. <br /> <br />. <br /> <br />The future of the Piney River Area remains uncertain on account <br />of various water court filings by Front Range transmountain diverters <br />for the right to divert large quantities of stream flows out of the <br />Piney drainage basin under the Continental Divide and eventually to the <br />Denver Metro Area for assorted municipal purposes. 6 The largest and <br />most ominous of these transmountain diversion claims, filed. in court <br />by the Denver Water Board, includes a large fluctuating reservoir at the <br />site of Piney Lake, together with a complex system of diversion <br />structures, conduits and canals which would take the water cut of <br />the Piney drainage basin, unde~ the Continental Divide to the West <br />Fork of Ten Mile Creek and thence into the Dillon Reservoir and on <br />down to Denver via the Roberts Tunnel. <br /> <br />All of these water claims are presently pending in a consolidated <br />state water court proceeding, which some attorneys predict will go on <br />for five or more years, probably all the way to the U.S. Supreme Court. <br /> <br />. <br /> <br />6. In addition to the Denver Water Board's Eagle Piney and <br />Eagle Colorado claims, there are the following other claims which could <br />affect the Piney: <br />a) Central Colorado Water Conservancy District claims on the <br />Piney and Upper Eagle and Colorado Rivers for transmountain diversion <br />purposes. Central's claims appear to overlap and conflict with Denver's <br />claims with respect to location and available water supply. <br />b) Combined reclamation project claim by U.S. Bureau or~'Reclamation <br />and the Colorado River Water Conservation District for the Red Sandstone <br />Project. <br />c) Federal reserved right stream flow claims by the U.S. Forest <br />Service for stream flows adequate to protect the natural environment <br />of the Piney and for other in-stream beneficial uses. <br />d) Stream flow claims by class of state claimants (including <br />Colorado Rivers Council and Trout Unlimited) similar to Forest Service <br />claims but based on state water laws. <br />Also see Exhibit C. <br />