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IBCC Meeting Notes May 9 2007
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IBCC Meeting Notes May 9 2007
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Interbasin Compact Committee
Title
Meeting Notes
Date
5/9/2007
Interbasin CC - Doc Type
Meeting Notes
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<br />T. Wright D ickinson: We can’t forget about the demand side of this. The e xercise of <br />significant conditional rights could influence this picture. The Yampa Basin missed the <br />energy thing entirely by looking at too short of a time horizon. We cannot forget that <br />supply to some degree is driven by what demand may or may not be. We want to point <br />out that we have some very significant issues with the conditional rights. I feel <br />compelled to remind everyone of that poin t. <br /> <br />Melinda Kassen: Doesn’t the principle of first in time first in right handle the <br />conditionals? Won’t they just fall in to place? <br /> <br />T. Wright Dickinson: I actually believe that the few of us that preach the Yampa doctrine <br />will be among the many that su pport it. <br /> <br />Kathleen Curry: I would like to get copy of Ken’s P owerpoint presentation, and offer one <br />thought before you go too far down the road of rule promulgation. We need to get <br />guidance from the Attorney General’s (AG) office that would help with gu idance on first <br />in time/first in right vs. shared shortage. Having this information will save us lots of time <br />and dollars before we get too far down the road. If we don’t have this information we <br />will have lifetime employment for some lawyers if we go to shared shortage. We need to <br />know what is legal and what isn’t. <br /> <br />Ken Knox: We’ve had the AG’s office looking discretely into that legal issue for several <br />months. <br /> <br />Eric Hecox: I want to thank Ken for coming and giving this presentation. We wanted to <br />hav e Ken present because these questions have come up in the IBCC, and I want the <br />IBCC to know that the State Engineer’s Office is working on this. These are major issues <br />that the state is fo cusing on. W hen time is right, my understanding is the State <br />Engin eer’s Office intends to solicit public input through the Roundtables. Before we go <br />to rulemaking, the State Engineer’s Office want come out and talk with the public about <br />some of the se options. <br /> <br />Mike Shimmin: Does the State Engineer’s Office have timeta ble to get from here to draft <br />set of rules? <br /> <br />Ken Knox: We are working to have a draft in a year, and think it will take at least three <br />years to work though whatever issues arise about its direction and content. <br /> <br />Carl Trick: The delivery point is at Lee s Ferry, which is a composite of all the states. <br />What are we doing with other upstream states to address this issue? <br /> <br />Rod Kuharich: Wyoming and Colorado are probably the leaders in this process. <br />Wyoming is already consulting with sub - basins to discuss wh at they would do in a call <br />situation with curtailment. They are a combination permit/appropriation state. The state <br />engineer will probably make a rule within the next couple of years, because there isn’t <br /> 12 <br />
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