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<br />• <br />• <br />sense to disclose confidential material via the CWCB's process when the water court itself <br />could hear such matters in the first instance. <br />To help alleviate these concerns, the Districts would like to see 8(i}(3){e) removed <br />from the proposed rules. Alternatively, the proposed rule should better indicate that the <br />CWCB does not seek to circumvent the Colorado Rules of Civil Procedure related to the <br />applicant's engineering, but only seeks information related to its ISF right, rather than the <br />applicant's engineering related to the change case. The CWCB can address such <br />concerns by tailoring the proposed rules with appropriate language. This would indude the <br />removal of the word "hydrologic" from part (iv) of the rule and the addition of language that <br />the CWCB does not seek a historic consumptive use analysis or analysis of the return flow <br />regime, but solely a qualitative analysis of why full protection of the ISF appropriation is not <br />possible. <br />In addition to the above concerns related to the proposed Rule 8(i), the Districts <br />would like to voice its support for proposed Policy 18. To better effectuate the proposed <br />Policy, the Districts recommend that the CWCB secure or negotiate easements for <br />possible project sites as part of the ISF recommendation and appropriation process. <br />Sincerely, <br />FELT, MONSON, & CULICHIA, LLC <br />~~ <br />James W. Culichia <br />David M. Shohet <br />Attorneys for Center of Colorado <br />Water Conservancy District <br />BERNARD, LYONS, GADDIS & KAHN <br />F l <br />Jeffrey J. Kahn <br />Attorney for Upper South Platte Water <br />Conservancy District <br />CC: Board of Directors for the Center of Colorado Water Conservancy District <br />Board of Directors for the Upper South Platte Water Conservancy District <br />Comments on Rule 8i <br />Page 3 <br />