Pueblo RICD Hearing July 2002 Case No. 2-01CW160

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Page 1 of 2 Gonzales, Catherine From: Kowalski, Ted Sent: Wednesday, July 17, 2002 9:57 AM To: Gonzales, Catherine Subject: FW: Proposed Changes to June 21st Prehearing Order - - - -- Original Message---- - From: Christopher Thorne [mailto:CThome @hollandhart.com] Sent: Tuesday, July 16, 2002 6:07 PM To: Ted Kowalski (E- mail); Susan J. Schneider (E -mail) Cc: mkassen @tu.org; susan.schneider @state.co.us; jdingess @dodpc.com; mpifher @troutlaw.com; LMiller @fwlaw.com; bmnazarenus @52801aw.com; rick @petrockfendel.com; pfleming @crwcd.org; jmcconaughy @crwcd.org; jwoldridg--@waterlaw.ty; cfc @alpersteincovell.com; shinnsteermanlaw @centurytel.net; jrhill @bratton- mcclow.com; bpaddock @chp- law.com; mnicklosl @mindspring.com; lefflaw @centurytel.net; felicity.hannay @state.co.us; lmiller @burnsfigawill.com; linda .bassi @state.co.us; mhammond @chp- law.com; ted.kowalski @state.co.us; Thomas J. Florczak (E- mail); Anne Castle Subject: Proposed Changes to June 21st Prehearing Order Dear Ted: Although neither Anne Castle nor I were included in the e -mail message you apparently sent on July 15th concerning Mr. Kuharich's proposal to change the schedule recommended by the Hearing Officer for the July 22nd and 23rd hearing in Pueblo, we have now reviewed the proposed changes and must object. First, any proposal to change the schedule included in the Hearing Officer's June 21st Prehearing Order (issued nearly four weeks ago), should have been made long before now, with the hearing only 3 working days from today. Second, we are confused by and strongly disagree with the suggestion in Mr. Kuharich's memorandum that the following aspects of the proposed changes to the schedule will not "adversely affect" Pueblo: 1. The reduction by more than 3 1/2 hours in the time available to Pueblo to present its case; 2. The elimination of Pueblo's opportunity to present a closing statement; 3. The elimination of any opportunity for members of the public to present comments over the lunch hour on July 22; and 4. The reduction in the total time available for public comment from 1 hour to 40 minutes. After nearly two hours of discussion during the Prehearing Conference, with input from all the parties, including the CWCB staff, the Hearing Officer determined that the schedule included in the Prehearing Order was necessary and appropriate to ensure that all parties have a fair and meaningful opportunity to participate in the hearing. In particular, the Hearing Officer noted that all findings of fact contained in the CWCB's recommendation will be presumptive as to such facts during the water court proceedings, in allocating time for Pueblo's presentation and in affording Pueblo, as the applicant in this case, an opportunity to present a closing statement. Additionally, Pueblo is aware that, in reliance on the Prehearing Order as published on the CWCB's web -site, at least several members of the public have arranged their schedules in order to travel to Pueblo to participate in the 12:30 to 1:00 public comment period. It is unknown whether these interested parties will be able to participate.in the shortened public comment period proposed for 6:20 in the evening in Mr. Kuharich's memorandum. It is unfair to Pueblo, and to members of the public who intend to participate in the hearing, for the CWCB staff to recommend dramatic changes to the schedule at this late date. Pueblo opposes any changes to the schedule included in the Prehearing Order. 7/17/2002