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<br />~. Oil ,J<lll.ry 24, 19-/7 dHJlic,Ult r-eC<.-iV,-"l'IC'Lt.er fran the
<br />United SL.tes ForesL Service in Stc.-unlxliJl Sprin<js r0<jll('sLing infonnation
<br />=n=rning', a!-'Pli=nt' s plans for it.s lIiruPaIl Park project. The infonm.- I
<br />tion requested was duly furnished. In 1978, aH'licant received notice that
<br />public rreetings =nCErning the Elk Ri \!('r wild and Scenic River stilly would I
<br />be held in Steamboat Sprinqs in ^pril of 1978. Counsel for applicant at-
<br />tend?d thei I!I:'eting in Stearrboat Springs =ncerning the effects of designating
<br />the Hirunan Park project area part of a wild and scenic river territory.
<br />Public Seq,ice Co:npany P='rsolU1el also attended a similar JT"L->eting in
<br />Denver and in addition to presenting applicant's views at the rreeting, a'
<br />detailed written statarent was subnitted to the Forest Service and the
<br />Colorado Water Conservation Board on May 1, 1978. In addition to legal
<br />fees to cobnsel attending the Steamboat Springs meeting, substantial
<br />a::.rnpany tilre was sP2nt by applicant's employees in the various =ntacts
<br />with goverhrrental officials undertaking this study. Since the study is
<br />not yet carplete, there will undoubtedly be additional ti.rre and expense
<br />in=red by aH'licant in the future in this area.
<br />
<br />E~ 'Ib intelligently plan a project of the scoP2 envisioned by
<br />applicant, ; ongoing hydrological studies are Obviously necessary. As a
<br />result, ini the late spring of 1977 the firm of Leonard Rice Consulting
<br />W3ter Engineers, Inc. of 2695 Al=tt Street, Denver, Colorado, was
<br />retained b~ applicant. On September 12, 1978 a preliminary rep:>rt was
<br />issued by this firm on the anticipated yield of the Hinrran Park Reservoir
<br />and Saddlell-buntain Pump Station =nditional water rights ONI1ed by
<br />applicant. I The rep:>rt describxl the derivation of flow at each site as
<br />a rreans of i detennining the physical availability of water to the rights
<br />and the dependable yield of the propJsed reservoir. Data set forth in
<br />this repJrt was obtained from extrapJlations of re=rded flows from the
<br />closest gauging stations in the area, review of nm-off recDrds, analyses
<br />of histori~ uses by senior appropriators in the area and other data. ,
<br />Part of the data in the repJrt was based on informa.tion gathered on the
<br />site of the projects. A total of approxinately $3,500.00 has already
<br />been paid to this engineering firm for services rendered and applicant
<br />anticipate~ that substantial additional studies will be necessary in the
<br />future. :
<br />I
<br />F ~ A substantial arrount of legal work has been necessary in
<br />the past four years due to the filing of other proceedings in Water
<br />Division Nq. 6. Sare of these matters were r.endir,g prior to Sept6TiDer,
<br />1974, but applicant' s participation in them as delineated below =vers
<br />the r.eriod : since Septerrber 30, 1974:
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<br />I 1. The United SLites of t\rrerica under the Federal Reserved
<br />Right Docti,ine filed seven clctLons in WJter Divisions 4,5 and 6, claiming
<br />that at the tirre various r",tj''-,>l4>.l forests, ITDnurrents and a national park
<br />
<br />were created ithat it reserved i~n_"lrlU; of Colorado water nece"sillY to
<br />operate and I~t.ain these v.l.rjo\!s public areilS. After Lunsolldatlon of
<br />these cases applicant inlcrv(-,"c'Ll U,,', ein in M.."'lY of 1977 and tJJereaftcr
<br />participated ~s an active lib C)'-Hlt in these =nsolidated caSE's. In. this
<br />action as well as those hcreinClfLer Ll0scribed, the ~y has and 1.S
<br />incurring leg~ fees and costs.
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<br />I 2. In the late Slmrrer or early fall of 1977, applicant
<br />protested an application by Colorado-Ute Electric Assa<;:iation, ~nc. in
<br />W3ter Division No. 6 (Case No. w-I091-76) because apphcant beheved
<br />that the granting of the relief sought by Colorado-Ute in this case
<br />=uld adversely affect the conditional decrees tllat are the subJect of
<br />this Application, in that Colorcldo-llte sought extensive changes in
<br />pJints of div~rsion, exchanges and changes in places of use of nurrerous
<br />=nditional water decrees held by it in Water Division 6. In addition
<br />to a substant!i.al arroWlt of lcqal ....'ark. it was necessary to engage the
<br />engineering services of 1eona~d Rice & ,\ssc:-j" r,C'" , Inc. for sLudies in
<br />=nnection wit.h developinq cvic1pnce in sllPF"Ort ur "r'plic.1nt' s propJsed
<br />protest. Sub~ent thcn~lo \':u~.i("]::; sLi plllClt 1, ):-l~: w':,rc entered into and
<br />a final decree has now entered.
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