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Last modified
8/16/2009 2:35:34 PM
Creation date
10/2/2008 1:38:11 PM
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Board Meetings
Board Meeting Date
9/16/2008
Description
Director's Report - State Engineer
Board Meetings - Doc Type
Memo
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Endangered Fish Recovery Program. Due to conditions in a complicated court case, <br />the bottom line result is that Green Mountain Reservoir releases are limited which <br />reduces deliveries and ultimately return flows that impact the 15 mile critical reach <br />near Grand Junction. <br />Water Division 7 <br />On September 10, 2008 the Colorado Supreme Court heard oral argument in Vance <br />v. Simpson, 2007 SA293, an appeal by the State Engineer of a decision by the <br />Division 7 Water Court. In Vance v. Simpson, the Division 7 Water Court ruled that <br />the State Engineer must require ground water well permits for all coal bed methane <br />wells. The State Engineer is asking that the Supreme Court reverse that decision. <br />The State Engineer argued that, consistent with Colorado statute and historic <br />practice, it should exercise its well permitting authority only over structures that <br />remove groundwater for purposes of applying water to a beneficial use. The State <br />Engineer further argued that Colorado has never considered the mere removal of <br />water to facilitate mining to be application of water to beneficial use. Moreover, the <br />State Engineer argued that it has sufficient authority under the enforcement <br />provisions of the 1969 Water Rights Determination and Administration Act to prevent <br />any injury to water rights caused by coal bed methane operations. A ruling) on this <br />matter is expected some time during the winter or spring of 2009. <br />Colorado River Basin <br />We have had discussions over the past few months with the Southwest <br />Conservation District and the Colorado River Water Conservation District. The <br />purpose of these discussions is the potential development of compact compliance <br />rules for the Colorado River Compact. These discussions have included thie <br />potential creation of water bank of the pre-1922 water rights which are seniior to the <br />compact. I and my staff will be working closely with Jennifer Gimbel of the Colorado <br />Water Conservation Board and her staff throughout the process. Allowing for the <br />completion of ongoing studies regarding water availability within the basin <~nd what <br />future water demands will be, I expect that this process will take a few years to <br />finalize. <br />General Water Administration Issues <br />We continue to be severely restricted and impacted by mileage costs as I am sure <br />everyone is in their own lives and businesses. This continues to be big issue for us <br />and for the state. Our budgets are set a year in advance and then this year State <br />Fleet increased our mileage costs by over 44% from last year while the State <br />Controller increased our personal mileage reimbursement rates, effective July 1, <br />2008, approximately 17% for 4WD vehicles, which is paid to most of our water <br />commissioners because they are required to have 4WD vehicles for their jobs. <br />Given this recent increase in mileage rates, our operating budget for the 20108-2009 <br />fiscal year is short approximately $300,000 for mileage, and potentially growing <br />iflwhen the 1RS increases mileage rates on January 1, 2009. I understand that this <br />impact is on the order of $8 million statewide. Staff of the Division of Water <br />Resources drive over 2.4 million miles a year as part of our work. We are taking <br />7 <br />
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