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Opening Brief
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Last modified
1/26/2010 4:41:42 PM
Creation date
7/29/2009 3:05:54 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
7/26/2004
Author
Ken Salazar, Susan Schneider
Title
Opening Brief
Water Supply Pro - Doc Type
Court Documents
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and to ensure that "the amount of water being requested is reasonable and appropriate. ..." <br />(Exhibit L, May 3, 2001 Sen. Entz, p, 1). <br />The CWCB is a 15-member non-partisan board representative of all major river basins. <br />It is more impartial and objective than a municipality, whose concerns may be biased by <br />subjective local interests (such as preventing potential transbasin diversions)." Without the <br />objectivity of a body like the CWCB, applicants' claims for as much of this scarce and valuable <br />commodity as possible would go unchecked, as predicted by the Legislature, (Exhibit H, Sen. <br />Entz, p. 1; Exhibit G, Rep. Spradley, p. 3). <br />The Legislature's grant of authority to the CWCB to determine whether the amount of <br />water claimed was the "minimum" was justified repeatedly because: the CWCB has broad <br />experience with the instream flow process that could serve as a"very valid pattern" for these <br />similar appropriations (Exhibit K, p. 26)12; the CWCB has the experience and ability to establish <br />reasonable rules, to set standards and to determine whether, and to what extent, these water rights <br />would limit future uses (Exhibit K, pp. 28-29) 13; the CWCB has the "experience" and the <br />1I No more than five appointees to the board shall be members of the same political party. The <br />members are from the drainage basins of the Yampa-White, the main Colorado, the Gunnison- <br />Uncompahgre and the San Miguel-Dolores-San Juan, the Rio Grande, the North Platte, the <br />Arkansas, the South Platte outside of Denver, and the city and county of Denver). The board is <br />knowledgeable in water resource management; water project financing; engineering, planning, <br />and development of water projects; water law; and irrigated farming or ranching. § 37-60-104, <br />C.R.S. (2004). <br />12 Mike Shimmin, the attorney representing Fort Collins in Fort Collins, 830 P.2d 920. <br />13Ha1 Simpson, State Engineer. <br />18
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