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<br />. <br /> <br />. <br /> <br />. <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 Centennial Building <br />1 31 3 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />fAX: (303) 866-4474 <br /> <br />STATE OF COLOMDO <br /> <br />.-.:. <br />4" ." <br />, <br /> <br />Roy Romer <br />Governor <br /> <br />MEMORANDUM <br /> <br />J.lmes S. Lochhe.ld <br />Executive Director, DNR <br /> <br />Oaries C.lile, P.E. <br />Director, CWeB <br /> <br />TO: Colorado Water Conservation Board Members <br /> <br />FROM: Dan Merriman <br />Bahman Hatami <br /> <br />DATE: March 2,1998 <br /> <br />SUBJECT: Agenda Item 6, March 10-11, 1998, Board Meeting -- <br />Instream Flow Program - Report on Pitkin County's Comments Regarding <br />Exemption of Castle Creek and Conundrun1 Creek from the De minimis Rule <br /> <br />Background <br /> <br />At its January 28-29, 1998, meeting, the Board approved the Intergovernmental Agreement (IGA) <br />between the Board and the City of Aspen <Aspen) regarding the maintenance of the Board's <br />instream flow water right on Castle Creek. As part of that agreement, the Board exempted Castle <br />Creek and Conundrunl Creek from the application of De minimis Rule. <br /> <br />In approving the IGA, the Board instructed the staff to notify the Pitkin County Commissioners of <br />its decision to exempt Castle and Conundrum Creeks from the application of De minimis Rule. <br />The staff was to provide Pitkin County with a 30-day comment period before executing the <br />agreement. <br /> <br />Staff sent a letter to the Board of Pitkin County Commissioners last month. In a letter dated, March <br />2, 1998 (attached), Pitkin County expressed its support for the IGA between the Board and Aspen. <br />Additionally, the County did not have any objection to the exemption of Castle Creek and <br />Conundrun1 Creek from the application of De minimis Rule. <br /> <br />Staff Recommendation <br /> <br />No action is required. At its January 1998 meeting, the Board unanimously approved that the IGA <br />between the Board and Aspen would be executed if Pitkin County did not respond or express any <br />concern within the 30-day comment period. As such, the Director shall now execute the subject <br />agreement. <br /> <br />Attachment <br /> <br />C:\data\word\donation\div5\castle\bdmem March 10-11 Item 6 <br />