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

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Colorado Water Conservation Board Concerning the Application for Water Rights of Pueblo, a municipal corporation in the Arkansas River in Pueblo County Case Number: 2 -O l CW 160 PREHEARING ORDER A prehearing conference was held on June 21, 2002 beginning at 1:30 p.m. at the State Services Building, 1525 Sherman Street, Rm 610, Denver, Colorado, concerning the hearing to be held by the Colorado Water Conservation Board "(CWCB ") commencing at 10:00 a.m. on July 22, 2002 in Pueblo, Colorado. An attendance sheet for the prehearing conference is attached. Additionally, John Hill (Arkansas Valley Ditch Association), John Lefferdink (Ft. Lyon Canal Company), Jill McConaughy (Colorado River Water Conservation District), Tom Florczak (Pueblo), Mark Pifher (Colorado Springs acting by and through Colorado Springs Utilities), Mike Niklos (Holbrook Mutual Irrigating Company and Otero County), and Julianne Woldridge (Upper Arkansas Water Conservancy District) participated by telephone. Crowley County did not participate in the prehearing conference. The Hearing Coordinator and the Parties' representatives addressed the following matters: 1. Pending Motions. The Applicant City of Pueblo ( "Pueblo ") filed a "Motion For Limitation of Issues Subject to Consideration in CWCB Hearing" with the Hearing Coordinator on June 20, 2002. The Hearing Coordinator noted that, under.RICD Rule 13, she does not have authority to rule on substantive issues. Because the Motion seeks substantive determinations it was filed out of order with the Hearing Coordinator. Pueblo may re -file the Motion with the CWCB if it wishes to pursue the Motion. 2. Undisputed Issues. The Parties agreed that the exercise of Pueblo's proposed RICD will not cause material injury to existing instream flow water rights. All other issues that the CWCB must consider are disputed and will be addressed at the hearing. 3. Proposed Findings. The Parties requested the Hearing Coordinator to establish a deadline for the Parties to submit proposed findings to the CWCB. The Hearing Coordinator orders that if a Party wishes to submit proposed findings to the CWCB, it must submit such findings no later than the deadline for filing rebuttal statements, i.e. on or before July 3, 2002.