Prehearing Statement of City of Colorado Springs

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Jl".. COLORADO DEPARTMENT OF NATURAL RESOURCES COLORADO WATER CONSERVATION BOARD PREHEARIlVG STATEMENT OF CITY OF COLORADO SPRINGS CONCERNING THE APPLICATION FOR WATER RIGHTS FOR A RECREATIONAL IN-CHANNEL DIVISION OF THE TOWN OF SILVERTHORNE 1N SUlVIlV1IT COUNTY The City of Colorado Springs (hereafter "Colorado Springs"), by its attorneys, Anderson, Dude & Lebel, P.C., submits this Prehearing Statement in the above-captioned hearing. 1. INTRODUCTION Colorado Springs is the owner of senior water rights on the Blue River and its tributaries upstream of the proposed RICD reach that is the subject of the application of the Town of Silverthorne in case No. D5-04CW217. Additionally, Colorado Springs is a Party to Consolidated Civil Case Nos. 2782, 5016, and 5017, or the "Blue River Decree", which governs the operations of the water rights of the US Bureau of Reclamation, Denver, Colorado Springs, and Englewood on the Blue River. Colorado Spring is party to the May 15, 2003, Memorandum of Agreement Regarding Colorado Springs Substitution Operations, which outlines procedures to implement the Substitution. Colorado Springs has pending applications before the Division 5 Water Court for substitution operations contemplated in the Blue River Decree in Case No. 03CW320, and for absolute and conditional exchanges in Case No. 03CW314. Copies of these applications are designated as exhibits in this statement. Colorado Springs is concerned that the proposed RICD may affect historic and future substitution and exchange operations on the Blue River, and that the RICD may preclude mitigation of curtailment to meet Colorado River Compact obligations. II. FACTUAL AND LEGAL ISSUES Colorado Springs has two primary concerns with the proposed RICD. The first is to assure that the proposed does not affect Colorado Springs historic and proposed substitution operations as contemplated in the Blue River Decrees, and addressed in the 2003 MOA and Case no. D5-03CW320. In addition, Colorado Springs seeks to assure the proposed RICD would not affect the operation of Colorado Springs historic and conditional exchanges addressed in Case No, 03CW314. Specifically, Colorado Springs objected to this case to assure that any decree entered in this case will affirmatively recognize Colorado Senior water rights, including the 2003 filings, and to be sure protective terms and conditions are included in such decree. Colorado Springs believes this concern can best be addressed in the water court proceedings. The second concern is with regard to the question whether the adjudication and administration of the proposed RICD would promote Maximum utilization of the waters wkdlWaterlCSUprehearingstatementSilverthorneapplication