WSPC12924

• File Number: 8230.400.31.F
• Description: Avon RICD
• State: CO
• Title: Related Reports
• Water Supply Pro - Doc Type: Report/Study

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in Cases No. W~1603-76F and W-1603-76J and Motion to Set Status Conference (March
28,2002).

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9. The Motions and Stipulations to Amend were filed in Case Nos. W-1603-
76F and W-1603-76J. The Change Applications were filed in Case Nos.02CW85 and
02CW86.

10. All notices required by law for the Motions to Amend and the Change .
Applications have been fulfilled, and the Water Court has jurisdiction over the Motions to
Amend and the Change Applications.

11. Pursuant to C.R.S. 9 37-92-302, Statements of Opposition to the Change
Applications were timely f1ledby Opposer Citizens' Progressive Alliance. CPA also
filed a Statement of Opposition in Case No. W -1603-76F, as well as a Motion to
Intervene and Vacate Consent Decree (March 30, 2002) ("Motion to Intervene"). Jack
Scott filed a Motion to Require Compliance with Rule 5, Deny Motion to Amend Decree,
and Vacate Status Conference (May 15,2002), in Case No. W-1603-76J. The time for
filing statements of opposition has expired.

12. On November 12, 2002, this Court ordered that the Change Applications
be re-referred to the Water Judge for a decision.

13. On Apri125, 2003, the Court granted CPA's Motion to Intervene
conferring standing on CPA consistent with C.R.S. 9 37-92-302, which allows "any
person" to file a timely statement of opposition. Order (April 25, 2003).

14. The Court consolidated the roW" cases for purposes of motions, briefing~
discovery and hearing, and further consolidated these cases with Case No. OlCW54 for
the same purposes. Order (ApriI25, 2003). Subsequently, the Court issued one Case
Management Order for the above four cases and a separate Case Management Order for
Case No. 01CW54 to govern discovery and trial ofthese matters. Case Management
. Order, Case No. 01CW54 (June 17,2005); Case Management Order, Case Nos. W-
1603-76F, W-1603-76J, 02CW85, 02CW86 (June 29,2005). Case No. OlCW54 was
tried before this Court on ApriI17-20~ 2006.

B. History of the 2000 Settlement Act Amendments

15. The "Animas-La Plata Project" ("ALP") "is a participating project under
the Act of April 11 , 1956 (70 stat.1 05; 43 U.S.C. 620; commonly referred to as the
"Colorado River Storage Project Act") and the Colorado River Basin ProjectAct (82
Stat. 885; 43 V.S.C. IS01et seq.)." Applicant's Ex. 13 (1988 Settlement Act) at Sec.
3(2). The Court takes judicial notice that the conditional water rights originally decreed
in Case Nos. 1751-B and 807-C, Water Division No.7, and changed in Case No.
80CW237, Water Division No.7, constitute the Colorado water rights for the ALP. CPA
Ex. RR-18, RR-19, RR-33 (collectively referred to hereinafter as the "ALP Decrees").

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