Case No. 02CW038 Remand Order to Colorado Water Conservation Board 2005

Home Browse Search

is to the findings to be made by the CWCB as set forth in C.R.S. 37-92 - 102(6)(b)(I) -(V).) In further proceedings after issuance of the mandate, Applicant has advocated that this Court find that three of the five statutory factors have been resolved, both by the CWCB and the trial court in this matter, and therefore, according to the law of the case doctrine, need not be further considered. As to the remaining two issues, compact impairment and maximum utilization, they urge this Court to direct the CWCB that no new evidentiary hearing is required, that the CWCB need only to consider the evidence in the existing record, and apply the Supreme Court's directions. They further request that this order of remand define the scope and timing of further proceedings before the CWCB. The Colorado River Water Conservation District supports the position of the Applicant, and further noting specifically that the CWCB should consider the claim presented by the Applicant, and not suggest that a new hearing is required because of stipulations reached, as in this instance, between the Applicant and the River District, following the hearing before CWCB but before trial. The CWCB argues that the position taken by the Applicant is contrary to the remand order from the Colorado Supreme Court, wherein remand was to consider all five statutory factors, not just two, that telling the CWCB how to proceed would be violative of the constitutional provisions for separation of powers, and it would be inappropriate for this Court to require findings and recommendations on or before July 18, 2005.