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Case No. 04SA44 Motion for Enlargement of Time to File Answer Brief August 2004
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Case No. 04SA44 Motion for Enlargement of Time to File Answer Brief August 2004
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Case No. 04SA44 Motion for Enlargement of Time to File Answer Brief August 2004
State
CO
Date
8/11/2004
Author
Covell, Cynthia F.
Title
Case No. 04SA44 Motion for Enlargement of Time to File Answer Brief August 2004
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and Natural Resources. Ms. Spradley stated that the Legislative Statement was presented by <br />Northern and prepared by attorneys. I believe the Legislative Statement was prepared by Justice <br />Hobbs' former law firm. Attachment D is a true and correct copy of a transcript of a portion of <br />the legislative hearings that preceded enactment of the SB 216 amendments, memorializing <br />Representative Spradley's testimony on May 7, 2001, together with the affidavit of the <br />transcriptionist, Robert Clark, as to the accuracy of such transcription. Attachment E is a true <br />and correct copy of the Legislative Statement. When the Legislative Statement was read into the <br />record, the water judge had not yet ruled in the Golden case, Case No. 98CW448, and the decree <br />had not been issued. The Golden decree is dated June 13, 2001. <br />6. Attachment F is a true and correct copy of the SB 216 amendments. <br />7. In the Colorado Supreme Court appeal entitled The City of Thornton v. The City of <br />Fort Collins, Case No. 90SA514 (opinion published at 830 P.2d 915 (Colo. 1992)), Justice <br />Hobbs filed a brief on behalf of Northern, a parry to the case. Attachment G to this Affidavit is a <br />true and correct copy of Justice Hobbs' Memorandum Brief of Northern Colorado Water <br />Conservancy District in Support of Affirmance of Water Court Decision (without attachments) in <br />that case. <br />8. The applications filed on behalf of the City of Golden, Case No. 98CW448 <br />(Water Division 1), Town of Breckenridge, Case No. OOCW281 (Water Division 5), and Eagle <br />River Water and Sanitation District, Case No. OOCW259 (Water Division 5), sought recreational <br />in- channel water rights under the authority of The City of Thornton v. The City of Fort Collins, <br />830 P.2d 915 (Colo. 1992). The trial courts granted the applications. <br />9. The Colorado Water Conservation Board ( "CWCB ") appealed the trial court <br />decisions awarding recreational water rights in the cases listed in paragraph 8 above. True and <br />correct copies of the CWCB's Opening and Reply Briefs (without attachments) in the Supreme <br />Court appeals, State Engineer v. City of Golden (Case No. O1SA252) ( "Golden "), State Engineer <br />v. Eagle River Water and Sanitation District (Case No. 02SA224) ( "Eagle River ") and State <br />Engineer v. Town of Breckenridge (Case No. 02SA226) ( "Breckenridge ") (herein collectively <br />"the Golden cases "), are attached as Attachments H, I and J respectively. <br />10. Northern and the Colorado Water Congress filed amicus curiae briefs in Golden. <br />Copies of their Amicus Briefs (without attachments) are included herewith as Attachments K and <br />L. Neither Northern nor Colorado Water Congress was a party or an amicus curiae in <br />Breckenridge. <br />11. Counsel for the City of Golden filed a Disclosure of Potential Conflicts and <br />Motion for Disqualification of Justice Hobbs in Golden. Attachment M is a true and correct <br />copy of that motion. <br />3 <br />
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