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<br />00156~ <br /> <br />to' <br /> <br />'I:. <br /> <br />1;." <br /> <br />,j' <br /> <br />,.';. <br /> <br />." <br />, .. <br /> <br />e <br /> <br />"" 'ATTORNEY GENERAL'S REPOrtT <br />., . "POV,EMBER 6-7 1995 CWCB MEEJ~NG <br />.>,.,. <br />1 ~ "':" II '.-' . . <br />:"1:'. ..., Nebras~a y, ,Wv:omi-n<i"> Last month there was a status conference <br />\.~in Was1;iri'!t'6n; 'D:~.~: t? \"9r)-; outqdetails for a first pret;r:-ial order <br />establlshlng ,:p;r;eM:"~al procedures and a schedule. Speclal Master <br />. Owen oi'P'in's. 'assis:r,al\t .is now preparing the final pretrial order. <br />o ^~t wi,11>chave -:t:riar'begi::.nip'~ i~".Noveri1ber 1997, probably in Salt <br />\ """Lake City." "I:!Q,!J.,e,.~that. s'eems a long time in the future, we will <br />"soon !neeij"" to begil"). planning \ and budgeting ,for Colorado's <br />part;ic,-i.patcion L3,t\r lit'igating the habitat issues. I expect to be <br />, "bringing this before you for more' detailed discussion 'at one of <br />your next meetings (probably early next year) on'ce we. h<;l"\[e the <br />final pretrial order and schedule. <br /> <br />. " <br /> <br />..", \,," <br /> <br />2. Kansas v. Colorado. The liability phase of trial began last <br />week in Pasadena. Hal Simpson testified on Colorado'S efforts at <br />well regulation. According to Dennis Montgome;ry, Hal's "testimony <br />went very well. Also, Special Master Arthur Littleworth approved <br />the Kansas-Colorado stipulation as to depletions to usable <br />stateline flows through 1985. Before the hearing began, Kansas <br />deposed DeWayne Schroeder. This is leading Kansas to look more <br />closely at the H-I model, and it requested a two month postponement <br />of the next hearing date, set for February. The master gave Kansas <br />an additional month, resetting the hearing to the last week in <br />March. Other dates are also going to slip, with the two states to <br />try to agree on a new schedule. <br /> <br />e <br /> <br />3. Trout Unlimited. TV opposed the motions to intervene and to <br />change venue to Colorado. The US, WS&S, and the Board all filed <br />very strong replies pointing out many contradictions in TV's <br />pleadings. All we can do now is wait for the court to rule. One <br />positive thing is that TV has agreed in writing that review should <br />be on the administrative record. <br /> <br />4. Hiohland/Nine Mile. Highland and Nine Mile appealed Judge <br />Tracey's decision upholding the 1980 Operating Plan for John Martin <br />Reservoir. The ditch companies filed their opening brief last <br />week. In accordance with the Board's previous instructions, this <br />office will file an amicus brief on behalf of the Board supporting <br />the State Engineer. <br /> <br />S. National forest instream flow reserved riohts claims. In <br />Division 2, the State and interested water users are preparing a <br />preliminary settlement outline to present to the Forest Service by <br />the end of this month. The State published a public notice in the <br />October resume describing the settlement negotiations and asking <br />that anyone who might be affected contact the State. In Division <br />3, the Rib Grande District and the State are awaiting a specific <br />written settlement proposal from the Forest Service. <br /> <br />p: \nr\nrweis\l/c\misc\ag reps95 . nov <br /> <br />. <br />