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<br />tt <br /> <br />STATE OF COLORADO <br /> <br />. <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br /> <br />MEMORANDUM <br /> <br />To: Colorado Water Conservation Board Members <br /> <br />From: Peter EVans?~ <br /> <br />Date: April 16, 1997 <br /> <br />Re: ORCHARD MESA IRRIGATION DISTRICT LAWSUIT <br /> <br />The CWCB has been named as a defendant in a lawsuit filed in the Mesa County <br />District Court on February 19, 1997 by six individuals acting pro se. The other <br />defendants are the Orchard Mesa Irrigation District, the Mutual Mesa Lateral Enterprise, <br />the U.S. Farm Services Administration, and the U.S. Natural Resources Conservation <br />Service. The plaintiffs are landowners within the District who have objected to the <br />District's application for and acceptance of a loan from the CWCB and grant funds from <br />. <br />the two federal agencies to be used to finance a salinity control project. The CWCB <br />entered into a loan contract with the District and the Enterprise on December 2, 1996. <br /> <br />Plaintiffs have generally alleged that the CWCB and the other defendants have <br />"used their position of public trust to give preferential treatment, impede government <br />efficiency, and make government decisions outside of official channels, and to otherwise <br />engage in conduct prejudicial to the United States and State of Colorado government." <br />Specifically, plaintiffs have alleged that the CWCB waived a requirement of the Clean <br />Water Act pertaining to the project, and that the CWCB entered into a contract with the <br />Mutual Mesa Lateral Enterprise. The Clean Water Act allegation apparently stemmed <br />from the plaintiffs' request from the CWCB staff of a copy of the District's 404 Dredge <br />and Fill Permit. In a letter addressing the plaintiffs' request for that document and several <br />others, the CWCB staff informed the plaintiffs that no copy was available because a 404 <br />permit was not required for the project. The CWCB staff has no authority to and did not <br />waive a Clean Water Act requirement pertaining to the project. <br /> <br />On March 17, the Attorney General's Office filed a motion on behalf of the <br />.CWCB to dismiss the plaintiffs' claims against the CWCB based on lack of subject <br />matter jurisdiction and failure to state a claim upon which relief can be granted. In the <br />alternative, the motion requested a change of venue to the Denver District Court. On <br />March 14, 1997, the District and the Enterprise filed a Notice of Removal with the U.S. <br />District Court. The U.S. District Court referred the case to Magistrate Judge O. Edward <br />Schlatter on March 31, 1997. The AG's Office plans to file an amended Motion to <br />Dismiss with the U.S. District Court this week. <br /> <br />Roy Romer <br />Governor <br /> <br />James S. Lochhead <br />Executive Direoor. ONR <br /> <br />Oanes C tile. PE. <br />Direc1or. (WCB <br /> <br />