BOARD02364

• Board Meeting Date: 5/11/1998
• Description: ISF Section - Carbon Creek - Case No. 4-96CW311 - Mount Emmons Mining Company
• Board Meetings - Doc Type: Memo

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Colorado Water Conservation Board
Department of Natural Resources
721 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLORADO

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Roy Romer
Governor
James S. Lochhead
Executive Director, DNR
Daries C. UJe, P.E.
Direaor, CWeB
Peter H. Ev<lns
Acting Director, ewes

MEMORANDUM

To: Colorado Water Conservation Board Members

From: Dan Merriman
Jeff Baessler

DATE: May 4, 1998

SUBJECT: Agenda Item 7a, May 11-12, 1998 Board Meeting-
Instream Flow Program - Carbon Creek
Case No. 4-96CW3 I I; Mount Emmons Mining Company

Background

At its March 20,1997, meeting the Board ratified the Statement of Opposition filed in Case No.
4-97CW3 I I. Applicant applied for new junior surface and storage water rights near Crested
Butte in Gunnison County (see attached map). Applicant proposes to develop a system of large
reservoirs along with a number of new diversion structures and a pipeline system. Applicant's
proposed water rights will be used for industrial purposes associated with the mining and milling
of molybdenum. All of the Applicant's water rights are junior to the Board's rights and will
have a 1996 appropriation date. One of the proposed conditional storage rights will inundate the
Board's instream flow right on Carbon Creek.

Discussion

The Board has received three requests (attached) from Mt. Emmons Mining Company:

· A request to inundate a portion of Carbon Creek under Section 8.00 or the Rules and
Regulations for the Instream Flow and Natural Lake Level Program,
· A request to defer action on the inundation request under Section 8.43 Deferral, and
· A proposed stipulation to settle the water court case.

L:\BOARDMEM\may98\ 7,,-doc