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Motion to Quash or Modify Subpoena and Order
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Motion to Quash or Modify Subpoena and Order
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Last modified
7/15/2010 1:21:48 PM
Creation date
7/7/2010 3:25:52 PM
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Water Supply Protection
Description
Case No. 00CW259 Vail RICD and Case No. 00CW281 Breckenridge RICD
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/1/2002
Author
Ken Salazar, Susan J. Schneider, John J. Cyran, Shana Smilovits
Title
Motion to Quash or Modify Subpoena and Order
Water Supply Pro - Doc Type
Court Documents
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the parties testify. At its discretion, the State Engineer may limit the time for public comment <br />based upon the number of persons who intend to comment. <br />Each Party may use its allotted time as desired for direct testimony, cross - examination of <br />persons testifying on behalf of other Parties, and rebuttal testimony, but may not exceed the <br />allotted time unless permitted to do so by the State Engineer. At its discretion, the State <br />Engineer may limit the allotted time for testimony. <br />Subject to Section 24 -4 -103, C.R.S. (2001), the-State Engineer may modify the proposed Rules <br />prior to promulgating final Rules. The State Engineer will submit the final Rules to the Division 2 <br />Water Court for approval after the Attorney General issues a rule opinion on the Rules. <br />NATURE AND DESCRIPTION OF PROPOSED RULES <br />On June 5, 2001, Governor Owens signed into law House Bill 01 -1354, which creates the <br />Arkansas River Water Bank Pilot Program. H.B. 01 -1354, codified at Article 80.5 of Title 37, <br />C.R.S., directs the State Engineer to promulgate rules necessary or convenient for operation of <br />the pilot water bank program, and requires that the Water Court approve the Rules. <br />The Rules apply to the establishment and operation of a pilot water bank for owners of stored <br />water rights in the Arkansas River Basin. The Rules define terms used in the Rules, set forth <br />the limitations on the pilot water bank, and establish (1) procedures for placing water into the <br />pilot water bank; (2) a listing and bidding process; (3) transactional procedures for the use of <br />water from the pilot water bank; (4) quantification procedures for releasing water from the pilot <br />water bank; and (5) procedures for delivering water from storage facilities. The Rules explain <br />the reporting requirements and the pilot project time limitations established by H. B. 01 -1354. <br />For a complete review of the proposed Rules,'"pleaI a see the attached proposed Rules. <br />AVAILABILITY OF PROPOSED RULES AND STATEMENT OF BASIS AND PURPOSE <br />Copies of the proposed Rules and Statement of Basis and Purpose are available to any person <br />for inspection and purchase at the Division of Water Resources, 1313 Sherman Street, Room <br />818, Denver, Colorado 80203. <br />Dated this 28' day of February, 2002. <br />Hal D. Sim son, State Engineer <br />All programs, services and activities ofrthe State Engineer are operated in compliance <br />with the federal Americans with Disabilities Act. If you need a special accommodation as <br />a result of a disability, please call Susan Garcia at (303) 866 -3581. To assure that we <br />can meet your needs, please notify us of your request at least 7 days in advance. <br />3 <br />
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