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<br />I Memorandum regarding RICD may harm river flow <br />'" 1 <br /> <br />Page 2 of3 <br /> <br />Two separate cases regarding the water district will be discussed in District Court in <br />Canon City today. The first, at 2 p.m., will be about the proposed inclusion of <br />eastern Fremont County into the district. <br /> <br />Wold ridge said there have been two motions to intervene filed in the case - one by <br />Chaffee County and one by four private citizens. <br /> <br />By water board meeting time, Woldridge said no decisions had been made by Judge <br />David Thorson regarding the motions, so she said they might be discussed during <br />the hearing today. <br /> <br />The second hearing, at 3 p.m., is about appointment of directors to the board, <br />regarding a portion of the district located within Saguache County. <br /> <br />A "very small" portion of Saguache County land is located within the 12th Judicial <br />District, whereas the rest of the UAWCD is within the 11 th Judicial District. <br /> <br />Board appointments are made by district judges, so Scanga said state law requires <br />judges from both districts to make appointments together. <br /> <br />However, less than one-percent of the district area is within Saguache County, so it <br />is not entitled to a director position. Therefore, Scanga said, the water district asked <br />if the 12th Judicial District judge must be involved. <br /> <br />Regarding the Fremont County citizen petition for inclusion, Woldridge told water <br />board members one issue cited by citizens who filed the motion to intervene is <br />whether, under TABOR law, the district would be required to hold an election to <br />decide about including the remainder of Fremont County into the district. <br /> <br />She said an election is not necessary, and said the opinion of a second lawYE~r, <br />obtained by board request, was the same. However, some citizens in the audience <br />voiced disagreement. <br /> <br />"I know your opinion is an election is not needed, but whether it's legal or right, <br />that's not necessarily the same question," Don Reimer, speaking as a water district <br />tax-paying citizen, said. <br /> <br />"People want the right to vote if they're going to be assessed a tax they didn't <br />previously pay." <br /> <br />Woldridge said the Fremont County citizens chose to submit their petition under a <br />section of the law that does not require election. <br /> <br />In other business, water board members: <br /> <br />. Heard from water commissioner Bruce Smith, who said he believes the Upper <br />Arkansas River Valley is "very" dry. <br /> <br />"I think in the valley on this end, we're as dryas we were in 2002. The snowpack <br />was good, but ... we need to get some rain." <br /> <br />. Heard from Scanga about a proposal from Western Weather for cloud seeding <br />operations. For seeding in the northern portion of the district, 1,800 hours of work <br />during three months would cost approximately $56,000. For 1,300 hours during <br />three months in the southern portion, the cost is $54,000. <br /> <br />If board members chose to do both options, the combined cost would be $100,000. <br />Scanga told directors they don't need to make a decision until later this year. <br /> <br />. Adjourned to executive session to receive legal advice about pending water right <br />applications and statements of opposition. <br /> <br />I <br />I <br /> <br />"'(I <br /> <br />\ <br /> <br /> <br />A <br />I <br />11 <br /> <br /> <br />http://www.themountainmail.com/main. asp ?SectionID=4&SubSectionID=4&ArticleID=5... 10/4/2005 <br />