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Attorney General's Report
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Last modified
8/16/2009 2:38:42 PM
Creation date
10/16/2008 10:48:28 AM
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Board Meetings
Board Meeting Date
9/16/2008
Description
Attorney General's Report, Legal Briefing and Executive Session
Board Meetings - Doc Type
Memo
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Page 5 <br />Gunnison River. <br />15. Walthen Ditch. OSCW143 - No changes. <br />The Board filed a statement of opposition in this case to ensure that the Applicant's proposed <br />change of water right does not injure the Board's instream flow water rights on Woody Creek <br />and the Roaring Fork River by not replacing depletions and maintaining historical flow patterns <br />in time, place and amount. The Applicant will dry-up lands previously irrigated by the water <br />rights to prevent an expansion of use and injury. The CWCB and the Applicant have agreed to <br />the entry of a decree that will prevent injury to the Board's ISF water rights on Woody Creek and <br />the Roaring Fork River. <br />DEFENSE OF THE COLORADO RIVER SUBUNIT <br />16. Legal Counsel with respect to Colorado River <br />The Colorado River Subunit continues to provide the Colorado Water Conservation Board, the <br />Governor of Colorado's Representative, and the Upper Colorado River Commission with legal <br />counsel on developments concerning the Colorado River. Most recently, the Subunit has: <br />- Coordinated with CWCB and DNR on the Northwestern New Mexico Rural Water Projects <br />Act (Senate Bill 1711). Recently, the seven Basin States and the Navajo Nation agreed to <br />amend the Bill to provide water to Window Rock, with the condition that it be considered <br />either part of Arizona's Upper Basin allocation or Lower Basin CAP water. The majority of <br />the project is to settlement Indian water rights in New Mexico. The Subunit helped negotiate <br />the terms and conditions of the amendment with Congressional representatives and attorneys <br />in New Mexico and Arizona and identified the potential legal implications on Colorado's <br />interests in the Colorado River and the Law of the River. Currently, the Bill is combined in a <br />large omnibus package expected to be debated on the Senate floor in September. <br />- Begun analyzing the effects that coordinated management of Lake Powell and Lake Mead <br />have had an the Upper Basin during the first year of implementation of the interim operating <br />guidelines. <br />- Monitored the scoping process for Utah's proposed Lake Powell Pipeline Project. The <br />Project is currently designed to wheel water from Flaming Gorge through Lake Powell for <br />delivery and use in the Lower Basin region of Utah. Recently, the Subunit has evaluated the <br />transcripts from scoping meetings in Utah and Arizona as well as initial comment letters <br />from stakeholders in Nevada and Arizona. The Subunit has also reviewed and evaluated the <br />Utah's initial filings with FERC that outline the project plans and explain how the <br />environmental and permitting approval process will be coordinated among the various <br />federal agencies. <br />- Begun working with the CWCB to develop comments to the Bureau of Reclamation's <br />Proposed Rules on "Regulating the Use of Lower Colorado River Water Without an <br />Entitlement." <br />• <br />
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