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Serving Bent, Croivley, Otero, Prozver.r and Pueblo counties <br />L02verAr�dnfdf Udllell WATER CONSERVANCY DISTRICT <br />September 11, 2006 ����C.� <br />� <br />Rod Kuharich, Director � �"� �'� � <br />Colorado Water Conservation Board �,.`� ar°� <br />1313 Sherman Street, Room 721 � � <br />Denver, Colorado 80203 �,o�� <br />Re: AGRICULTURAL EMERGENCY DROUGHT GRANT APPLICATION <br />Dear Rod: <br />1. The Lower Arkansas Valley Water Conservancy ("LAVWCD") is requesting an <br />agricultural emergency drought grant of $43,840.10 to pay for water to replace <br />Colorado's stateline obligations pursuant to Kansas v. Colorado. <br />2. The primary contact for this Application is Peter D. Nichols, Esq., Trout, Raley, <br />Montano, Witwer & Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO <br />80203; Tel: 303-339-5825; e-mail: pnichols@troutlaw.com. Mr. Nichols is Special <br />Counsel to the LAVWCD. <br />3. The purpose of the grant is to reimburse the LAV WCD for its costs to acquire water <br />to meet Colorado's obligation to Kansas for drought-related unreplaced stateline <br />depletions due Kansas under Kansas v. Colorado. The LAVWCD leased 4,696 acre- <br />feet from the Pueblo Board of Water Warks that it has made available to the State for <br />this purpose. Steve Witte, Division Engineer, reports that all 4,696 acre-feet have <br />been delivered to Kansas. <br />4. Copies of official federal and state drought declarations for the affected counties <br />(Bent, Crowley, Pueblo, Prowers, and Otero Counties) were provided with the <br />LAVWCD's 2005 drought application, which you should have in your files. These <br />declarations cover the Lower Arkansas River for the period 2000 to 2004, the period <br />during which Colorado incurred its current delivery obligation. All of the water <br />Colorado currently owes Kansas is a result of drought in counties under federal or <br />state drought declarations. Mr. Witte has confirmed this. <br />5. Attached is a line-item budget showing all projected and actual expenditures. <br />6. A copy of the LAVWCD's current annua.l budget, annual report and financial <br />statement is enclosed. <br />