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• Board Meeting Date: 7/21/2009
• Description: Attorney General's Report, Legal Briefing and Executive Session
• Board Meetings - Doc Type: Memo

Page 2
be filed in water cc~urt on Septemt~er ~0, 2t}09~ with an anticipated effective date of January l,
201 I . ~~~f
~X
3. Re~ublican River Cc~mpact
The non-bindin~ arbitration hearing befc~re Karl Dreher concluded April 14 and the Arbitratt~r
issued his decision June 3Q. The Arbitrator rejected Nebraska's claims tc~ change the way i~
whzch the RRCA Grc~und Water Model is rurl, rejected Nebraska's claims to change the manner
in which ret~u~n flows a.nd waste water frorrt the ~-Iaigler ditch are calculated and rejected most of
Ncbraska's claims to change the point in the ground water model at which impacts are calcuiated
for sever~l subbasins. The Arbitrator did accept Nebraska's claim to move the grc~und water
model pc~int for the Nc~rth Fork of the Republican River from the confluence with the Sauth Forl~
to the Colc~radolNebraska state line. He based this decision on the plain lariguage t~f the
Cc~mpact. This change will add approximately 20 acre-feet per year to Cc~lorada's cansumptive
use. The Arbitrator fc,und that, although K.ansas must have suffered some damage due to
Nebraska's over use af water, they did not prove their damages. `Therefore, he awarded nominal
datnages of ~10,400. The Arbitrator also dec2ined to impose specific actions on l~ebraska to
assure future compact compliance. The Arbitrator faund that Kansas' propc~sed remedy was too
severe, but also found the Nebraskabraska 4take ome~ addit onal Sa tions rnta a assure ~Campa t
dry years and recommended Ne
Compliance.
The States have until 3uly 30 to accept or reject, in whole or in part, the Arbitratc~r's decisifln.
The RI~CA addressed Colorada°s Compact Compliance Pipeline propasal at a special meeting on ~~;~
April 28`~'. Kansas and Nebraska voted against the praposal, but the meeting was continued to a ~~
later date to a11Qw Colorada a final attempt to address Kansas and Nebraska's concerns. The
States continue to negotiate some technicai matters to address Kansas and Nebraska's cancems.
Colorada will raise the motian for the final time at the annual RRCA meeting in Lincaln, I~E
August l 1-12. If the propos atter.e,The~RRWCD has c~Cepted the CWCB loan~and clo ed on the
binding arbitratic~n for this m
purchase ground water rights, easements, etc. on June l6.
WATER RIGHTS MATTER
~~ C~ncernin~ th~ Water Ri~hts ofthe Ut~ner Ea~le Re~ional Water Authorit~ Division Si
~3C~'7~ 9~~W2(l5 9$C~'27(~ (~~CW403 ~d 06C~'97