BOARD00043 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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In summary, the AGO believes the settlement to be advantageous to the State of Colorado,
The settlement does not impose any substantive requirements on the operation of Glen Canyon
Dam, The relief granted involved actions that the federal defendants likely would have
undertaken in any case, And, we were granted intervention with respect to future litigation over
this settlement

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The AGO advised the CWCB to support this proposed settlement The CWCB board agreed
with the AGO's recommendation, The settlement has now been entered by the Court, resolving
this matter.

7. Protect Our Water and Environmental Rie:hts v. Imperial Irrie:ation District.

A separate group of aggrieved citizens, Protect Our Water and Environmental Rights and two
of its members ("POWER"), has filed a California state-law challenge to the lining of the All-
American Canal (see item number 8 above), The construction of a canal parallel to the All
American Canal was selected as the preferred alternative in the 1994 Final Environmental
Impact Statement/Environmental Impact Report for theAll-American Canal Lining Project
("AACLP"), Funding for the project was authorized by the California Legislature in 2003.

Thereafter, on January 10,2006, the Imperial Irrigation District ("nD") authorized financing ..
and construction agreements to build the panillel canal. POWER claims to have submitted
evidence at the IID's January meeting of substantial' changes in the project itself, substantial
changes in the project circumstances, and significant new information not previously considered,

On April 18,2006, POWER filed suit against the lID in the Superior Court of the State of
California in and for the County of ImperiaL1 The lawsuit alleges that the California
Environmental Quality Act ("CEQA") requires supplemental environmental impact review,
because of changes that allegedly will impact fish and wildlife and increase the risk of people
drowning in the new canal, possible air quality impacts, and information that supposedly shows
that urban water conservation is a viable alternative to the project

POWER is seeking an order directing further environmental review, preliminary and
permanent injunctions against any construction activity until the court finds that nD has
complied with the CEQA, and an award of its costs for the suit, including attorney fees,

8. Black Canvon of the Gunnison National Park Reserved Ril!hts Case. No. W-437.
Water Division 4.

The state water court case remains stayed, awaiting resolution of the environmental
objectors' federal action before quantification can proceed. The oral argument before Judge

2 The lawsuit also names as Real Parties in Interest the San Diego County Water Authority, Metropolitan Water
District of Southern California, United States Department of Interior Bureau of Reclamation, and Does 11 through .
t5,