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Before the Colorado Water Conservation Board <br /> Concerning the Application for Water Rights of the <br /> Upper Gunnison River Water Conservancy District <br /> In the Gunnison River <br /> In Gunnison County <br /> Cynthia F. Covell, #10169 Case Number: 4- 02CW038 <br /> Alperstein & Covell, P.C. <br /> Gilbert Y. Marchand, Jr., Of Counsel, #19870 <br /> 1600 Broadway, #2350 <br /> Denver, CO 80202 -4923 <br /> Phone: (303) 894 -8191 <br /> Fax: (303) 861 -0420 <br /> cfc@alpersteincovell.com <br /> gym @gymlaw.com <br /> UPPER GUNNISON'S RESPONSE TO STAFF MEMORANDUM REGARDING <br /> BRIEFING SCHEDULE AND DEADLINES <br /> Applicant, Upper Gunnison River Water Conservancy District ( "Upper Gunnison "), <br /> through its undersigned attorneys, submits the following response to the CWCB staff's <br /> memorandum dated July 11, 2005 ( "staff memorandum. ") <br /> By recommending that this Board allow another evidentiary hearing, the staff <br /> memorandum asks this Board to violate the water court's June 16, 2005 remand order.' In <br /> unambiguous terms, that order requires the CWCB to "make its findings on the existing record." <br /> The Board will violate the remand order if it adopts the procedure requested by staff, which <br /> entails presentation of additional evidence. <br /> ' Applicant finds incredible staff's decision to present to the Board a proposal to take <br /> new evidence without mentioning the potential violation of a court order, particularly since the <br /> author of the memorandum is himself a lawyer. <br />