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<br />WINTER STORAGE PROGRAM
<br />
<br />As was mentioned in the Section "Water Allo.ca-
<br />tion," 1977 proved to be one of the, if not the driest
<br />yeaf of record in the Arkansas River Basin, and, un.
<br />fortunately, the snow pack in the Collection area was
<br />also at an all.time low, and no supplemental Project
<br />Owater was available. The one bright spot in the Ar-
<br />akansas Valley was the fact tbat tbe Irrigation Com-
<br />....panies East of -Pueblo Reservoir entered into an agree-
<br />c.cment to store decreed waters for the period ~ovembeT
<br />l\;) 15, 1976-Fehruary 28, 1977. The agreement. was
<br />CJl reacbed after a number of meetings involving duly
<br />designated representatives from the 13 entities, and a
<br />new formula. was approved. During the 105 day per-
<br />iod of storage, 35, 7~ acre-feet were .accumulated,
<br />which were then available to the individual Companies
<br />for use dtirin"g the irrigation season. For mariy, this
<br />W8~ the answer to an extremely dry year, and many
<br />Companies . obtained a 65% yield, when 001y.30 to
<br />40% wouIld have been possible witbout the Winter
<br />stored water.
<br />
<br />. ~ei>r~senta~ives from the Companies continued
<br />to meet throughout 1977 to evaluate the Winter Stor.
<br />age Program of 1976-1977, and tentatively agreed
<br />up~n 11 Program wliich would hegin on December 1,
<br />1977. and terminate February 28, .1978.. Tbe new
<br />Program involved a formula which was, proposed f<;:tr
<br />the first time, and three days before'the Program was
<br />to' commence, officials from the Catlin 'Canal Corn-
<br />po"oy advised 'the 'Division Engineer they' could not
<br />operate. under the formula,aod cal.led, for their de-
<br />creed water, which negate~ .the Cooperative i>rograrn
<br />for the "Winter storage .pe~iod. Represenlaliv'es' from'
<br />the Companies con,tinued to meet informal'y through.
<br />.0ut'December 1977, and indicated a strong, desire to
<br />geftogetber again to perfect a Program for 1978-1979.
<br />
<br />ANNUAL BUDGET
<br />
<br />Colora:do State Statutes' require that' entities 'such
<br />as the District prepare. a detailed Budget each year 1
<br />setting. for'~'h the estimaled in,come and identifying
<br />anticipated expenditures in each category. 'According-
<br />ly, a'Preliminary ,Budget was developed and approved
<br />. by th~ .Board in August; and members of .tbe Staff
<br />reviewed .thatPreliminary. Budget with the State Divi-
<br />aion of Local Government. At the October 20, 1977
<br />meeting of the Board. of :pi rectors of the Southeastern
<br />Colorado Water Conservancy District, a formal Public
<br />Hearing wa's conduct.ed at 1 :30 p.m. to hear comments
<br />on the Budget, and after due deliberations, the mem-
<br />ber. of the Board . approved the Budget for 1978.
<br />
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<br />
<br />
<br />WATER LEG1SLATlON AND LITIGATlON
<br />
<br />The year 1977 proved to be the busiest and most
<br />~xpensi\"e yeaT involving Litigation the District has
<br />!i'ever experienced, and, based upon the number of
<br />'iCa.es Pending, it appears 1978 will also be a record
<br />"year. Legal Counsel for tbe District spent almost full-
<br />. time on litigation in various Water Courts, protecting
<br />.the decrees of the District, and entities served by the.
<br />fDistrict, and in Federal Courts answering complaints
<br />tfiled primarily by Pitkin County. In one instance, a
<br />,Case was Filed by Pitkin County against the Secre.
<br />~')ary of Interior 'regarding the adequacy of Environ.
<br />." mental Impact Statements. The District. was per-
<br />: mitted to join, and the Federal, District Court found
<br />,; in favor of the Secretary and the District.. Officials
<br />, from the ,Solicitors Office, in Washington,. D. C., later
<br />reviewed the favorable Decision of tbe federal Judge,
<br />.and reversed their. original position, and appealed the
<br />Decision. Tbat matter is Pending before the U.s.
<br />Court of Appeals. AnOther critical case is pending
<br />in Water Court, Division 5, wherein the District has
<br />filed to make 8 number of. Conditional Decrees Ab-
<br />solute, b'ssed upon the Fryjngpan-Ark~nsas" Project
<br />t uAs Built." The Referee ruled. favorably for the Dis-
<br />. triet, but it is anticipated that individuals' ,and Or-'
<br />'.:'; ganizatioris will ,fIle pro'tests in Water ,:Court.' '.
<br />
<br />Litigation a~d .Legislation became. inter~oven
<br />during the year,. when letters were sent to the Presi-
<br />dent of the United' .States, Members of ,'Congress, the
<br />Sec~etary of ~h~.lI1;terior and State. Officials, requesting..
<br />a review of construc~ion on certain portions of tht:? Fry-
<br />ingpan~Ark~nsas Project.' Meetings were necessary, in
<br />'W~5hington, D., C., and throughout, the St<,lt~\. to
<br />. answer. those allegations, and a gre.at deal, of time ~nd
<br />l" money' was spent ,by DistriCt OffiCials, Legal Cou.nsel
<br />and. .Bureau' Officials, c"orrecting those. allegatiolis.
<br />. 'Legislation was. also' introdu~ed, cr~atihg' ,new Wild-
<br />;,', cruees, Areas'l but, fortunalely,' common sense pre-
<br />'. vailed . in. the . Hall. of the Congres. of the. United
<br />State's, and' while, Wilderness Areas were created in
<br />the ,Collectio'n area of the Fryingpan-Arkansas Project,
<br />the, same 'legislation au.thoriied ~he Operation and
<br />M~n'agement of the. Project" as origiria~iy conceived::
<br />
<br />" Ap'plications fo~ water right; in Division 2 and 5
<br />broke another record in "1977, 'and it was necessary
<br />.that the Board, Staff and Legal Counsel work very
<br />closely' wjt~ th~ ,?tate. Eng.ineer. . Division Engineer
<br />and other decree holders to insure that the new decrees
<br />would' not. adversely .affect the, senior decrees. In
<br />'~any Cases;, Legal Counsel for' ~oth sides were able
<br />to reach stipula~ed agreements, and'thus ~ave the time
<br />and expense, of lengthy Court Ca'5es, but in other 1.n--
<br />stances it was necessary, to.. try the Case .extensively
<br />'in the. Water Court and then through the Slate Suo
<br />preme Court. It is the hope of the. Board and Legal
<br />Counsel that Case Law is being established, and the
<br />
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