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<br />, -' <br /> <br />031356 <br /> <br /> <br />OFFICE OF THE A TIORNEY GENERAL <br /> <br />STATE SERVICES BUILDING <br />1525 Shennan Street - 5th Floor <br />Denver, Colorado 80203 <br />Phone (303) 866-4500 <br />FAX (303) 866-5691 <br /> <br />GALE A. NORTON <br />Attorney General <br /> <br />MARTHA PHILLIPS ALLBRIGHT <br />Chief Deputy Attorney General <br /> <br />RICHARD A. WESTFALL <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />January 22, 1998 <br /> <br />CONFIDENTIAL MEMORANDUM <br /> <br />PRIVILEGED ATTORNEY-CLIENT MEMORANDUM NOT <br />TO BE PLACED IN CENTRAL FILES. ANY CIRCULATION <br />OR DISTRIBUTION TO PERSONS OUTSIDE THE EMPLOY <br />OF THE CLIENT MA Y WAIVE THE PRIVILEGE. <br /> <br />TO: Randy Seaholm <br />Colorado Water Conservation Board <br /> <br />RECEIVED <br />JAN 2 3 1998 <br /> <br />FROM: Carol Angel COCl...-/ <br />Senior Assistant Attorney General <br />Natural Resources Section <br /> <br />Colorado Water <br />Conservation Board <br /> <br />RE: Proposed Reclamation Rule on Offstream Storage of Colorado River Water in Lower <br />Division States <br /> <br />I've reviewed the proposed rule, and have some initial thoughts. Please note that this memo is <br />preliminary, and confidential. If you want to distribute it to the Board (as confidential attorney <br />work product), that's fine, but it would need review and revision before any public distribution. <br /> <br />Overall, this rule is a vast improvement over the "draft" proposed rules from several years ago. <br />It avoids the overreaching and controversial issues, such as transfer of Tribal reserved rights, and <br />transfers of "conserved" water. Instead, this rule is limited to one subject: the off-stream storage <br />of Colorado River water in one state, for subsequent use by exchange in another state. <br /> <br />There is one outright inaccurate statement of the Law of the River "in the "background" section of <br />the rulemaking notice (p. 68493): <br />