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Page 2 <br />. Great ~~~! Dines ~aticrx~al l?~rk "'l1a=#c=35 <br />Due to tl~e L'~r~ited ~tat~s mistakenly pravid~ing incorrect files as part of their expert disclosures, <br />the trial has been. reset to august 1~. <br />~. )~ansas ~. CalQradn <br />C~~lordo and Kansas finish~:d the appendix containing the: n-iodel doc~srnentation for thy; H-I <br />tnad~:l and both Mates filed comtrtr:nts ot~ tb€~- ~pe;cial ~'~~aster's draft Fifth Report and <br />ans~~;~er~;d his questions. The special ~~Iaster's I~ fifth Report is no~~ being printed in three <br />volumes and should be ~lecl a-ith the Cou~~ by° the end of the month. <br />The Division Engineer has made public a first draft of proposed compact r~zles for Division <br />2, designed to pr~;vent increases in the efficiency ofsurface water irrigation methods from <br />causing depletions of Stateline flaw in violation of the Compact. I Ie is w°orkiz~g cl©sely ~vitl~ <br />our ©ffice and SEO and CWCB to consider the feedback received so far and how to proceed. <br />''~'A.TER RIGHTS 1~~1~TTERS <br />6, ~ licatian fc~r ~'~ater Ri hts €~Co er -lr~untai~ Inc. Case No, QIC~V304 <br />Water Division 5: This ease involved a change of Copper ~ountair~'s conditional Tenrnile Cr~;ek <br />Pipeline water- right from the recharging of lake wells far subseduent use f©r irrigation, <br />snowmaking and other uses to direct use f©r irrigation of 2~ acres of Copper M©untain's golf <br />course. Copper sought to augment its out-of~priority depletions duo to the golf course irrigation <br />with releases from Clinton Gulch Resez~~oir. The primary issues involved: {i) whether the senior <br />right decreed to the Clinton Gulch Iteservair .vas decreed for augmentation use anal could be <br />used as a replacement source; {?~ whether the Tenmile Creek Pipeline was decreed solely for <br />recharge purposes or included irrigation, snawrt~aking and other beneficial uses; and {3) whether <br />Capper should be rccluired to replace its depletions its real tithe through releases fro~xz Clinton <br />Gulch Reservoir under that reso~voir's ju~lior water right. after prevailing an all of the legal <br />issues decided b;° the Water Court, tho Colorado Water Conservation Board and the Mate and <br />I~ivisian Engineers were successful in nogatiating a settlement with Coppor IE~Iauntaizz and tlae <br />Clintozz Gulch Ditch & Reservoir Cottlpany. Only the junior ~,vater right docrced to the Clinton <br />C,iulch Reservoir will be used as an au€~ncrztatian source, Capper ab~reed to abandat~ certain <br />groundwater rights d~:ereed to its lake ~~rolis, and Clipper agreed to replace its depletions in real <br />tine when the C~~'CB places a Dail an Tcnmile: Creek unless Copper can make such <br />replacements through a decreed exchange- ar substitutiarz senior to the C~~'CI3's water right. The <br />trial set far last. l?ocebor ~~-as vacated and a final clocreo consistent ~~~itl~ the setti~~zue~~t has nov~~ <br />been entered by the eater Court. <br />'7. Cctcoranin tho'i<~ator Ri lrts ~ Ilcafinn aI' ~~j€~rt Casa acs. ClSCZ~ ~?~S <br />The CWCB and the Applicant have settled a~1d agreed upon terms for the proposed RICD <br />decree. The Board Azad issr~ed its fir~di.ngs and .ecorr~rr~endatiaz~s to the Water Court <br />