Prehearing Statement of City of Colorado Springs

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of the state. Recent drought years have raised the concern of water rights curtailment to meet Colorado River Compact obligations. The Blue River Decree required that east slope diversions under that decree be ceased if there is any curtailment to meet Compact obligations. Colorado Springs relies upon tits Blue River diversions to serve its municipal customers. Under such a curtailment scenario, Colorado Springs would seek to acquire temporary leases of water from other west slope sources to exchange to the Continental-Hoosier diversion facilities in order to continue to serve its customers. However, the proposed RICD would be senior to any Administrative exchange through its reach, and would therefore greatly affect or eliminate Colorado Springs ability to operate such an exchange. This is a very serious concern to Colorado Springs. III. EXHIBITS EXHIBIT A. May 15, 2003, Memorandum of Agreement Regarding Colorado Springs Substitution Operations EXHIBIT B. Application in Case No. D5-03CW314 EXHIBIT C. Application in Case No. D5-03CW320 Any exhibit designated by any other party. In addition, rebuttal exhibits may be designated to Colorado Springs' Rebuttal 5tatement in response to any issue or written testimony provided in Responsive Preheairng Statements of any of the other parties. IV. WITNESSES l. Kevin Lusk, P.E., Principal Engineer, Water Resources Department, Colorado Springs Utilities. 2. Brett Gracely, P.E., Managing Engineer, Water Resources Department, Colorado Springs Utilities. Mr. Lusk and Mr. Gracely will testify as to the concerns of Colorado Springs as identified herein. Respectfully submitted June 22, 2005. AND SON DUDE & LEBEL, P.C. l ? wkd/Water/CSUprehearingstatementSilverthorneapplica6on 2 -?- Wm. Kelly Dude 111 South Tejon, Suite 400 Colorado Springs, CO 80903 (719) 632-3545