BOARD00150 ‎(2)‎

• Board Meeting Date: 3/12/2007
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

t

. JOHN W. SUTHERS
Attorney General

CYNTHIA H. COFFMAN
Chief Deputy Attorney General

DANIEL D. DOMENICO
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW

STATE SERVICES BmLDING
1525 Sherman Street - 7th Floor
Denver( Colorado 80203
Phone [phone]

OFFICE OF THE ArrORNEY GENERAL

March 2, 2007

TO: Colorado Water Conservation Board

FROM: John W. Suthers
Attorney General

Carol Angel
Alexandra Davis
First Assistant Attorneys General

RE: Report of the Attorney General

FEDERAL & INTERSTATE MATTERS

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1. Forest Service Reserved Ri2hts Cases. Case Nos. W-1146-73 et al.. Water Division 7

The United States has still not responded to the settlement offer that the state and the water
users made in June 2003. The Southwest District has attempted to discuss the issue with the
Forest Service, as part of the Governmental Water Roundtable, a forum for water issues
relating to the amendment of the San Juan Forest Management Plan, but the Forest Service
has not been receptive to these requests.

2. Southern Ute and Ute Mountain Ute Tribes' Settlement. Case Nos. 7-W-1603-76F &
76J. 02-CW-85. & 02-CW-86

The Court issued a ruling on these cases November 9,2006, finding reasonable diligence and
granting the requested changes. On January 5, 2007, Opposers appealed the diligence case.
The SWCD has the lead in defending that appeal. The proponents of the project, including
our office, filed a motion for reconsideration concerning some of the terms and conditions
the Court included in its order in the change cases. The Court granted that motion after a
hearing on February 8. The deadline for appeal in the change cases is March 26.

3. Ground Water Ri2ht for Great Sand Dunes National Park, 2004 CW 35

The United States and supporting parties filed their expert disclosures December 29,2006.
Opposers expert disclosures are due April 6, 2007.

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