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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 <br />Case Number: 4- 02CW038 <br />Alperstem & 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 />efc@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 />