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09-16-2004 11:16AM FROM-DOL NATURAL RESOURCES <br />3038663558 T-183 P.005/008 F-311 <br />aigruFicant issue vc?as whether Forr Collins provided aurharity for the full amount of recreational in- <br />channal watet right clauns baing rsquesFed in the Goldan cases, assuming such water rights were <br />valid. <br />Tha above-quoted statement from JusticN Hpbbs' radiQ intarvit:w ehows at laast one basis <br />far Justice Habba' recusal - his previaus argUments in Ciry of Tharnron y, Ciry ofFarr Collins, 830 <br />P.2d 915 (Colo. 1992) ("Fort Collins"). A9 stated in Upper Gunnison's motion, Thoae arguments <br />are, prGsdnt in thia case. The fact that this case arises undex the SB 216 aznendm=ts simply daes not <br />changc the faFt that the same arguments presented in The Goldeti cases arb bning presented here <br />again. These arguirtente are now being offered as grounds for a resuiotivc interpretatiou of t1zC SB <br />216 arnandrncnte in ard@r to deay Upper Crunniaon the flow rates it requested for its rocresatiaaal in- <br />chartziel diversion; in the Golden cases, thase arguments Were affarsd as a mtsans of resuicting flow <br />rates for pre-SB 216 recreational in-channel water rights. Y,Tltimately, chr. arguments are being <br />pr?:$entcd in bQth cases Xo achieve the CWCB's goals of restricting the amounT afwater that may be <br />approp1iated for rrzcrzational in ohannrl water rights, and exCrcising significant contral over these <br />waier rights. Justiea Hobbs' disqualifzcation is as appmpriate here as it was in rhe Galden cascs. <br />lustice Hobbs' extrajudicial staTc-mrnts, made after she anactmant ofthC SB 216 amqndments, <br />provide additionsl suppart for d3squalificaTion? Contrary to the CWCB°s contrntion, thCSr <br />statesnents go beyQnd mexely outlining "the currdnt stacus of Colorado water law." (Upposition at <br />z Uppcr Crunniyan rdi[araT2s That its motian to diaqualify is not intanded to a.ccuse Justice <br />Hobbs of axry izapropeT or unerhical conduct, as CWCB appcars ta imply. (Opposition at 6.) <br />Upper Gunnison aia,d it, couaetl h.ave the highest respecc for Tustice Habbs' integrity. <br />4