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

• Description: Pueblo RICD Hearing July 2002 Case No. 2-01CW160
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 7/10/2002
• Author: Schwindt, Don; Kuharich, Rod
• Title: Pueblo RICD Hearing July 2002 Case No. 2-01CW160
• Water Supply Pro - Doc Type: Court Documents

Gonzales, Catherine
From:
Linda J. Bassi [linda.bassi @state.co.us]
Sent:
Wednesday, July 17, 2002 10:32 AM
To:
ted.kowalski @exchdwr.state.co; CThorne @hollandhart.com; susan.schneider @ state.co.us
Cc:
bmnazarenus @5280law.com; cfc @alpersteincovell.com; jrhill @bratton- mcclow.com;
Imiller @burnsfigawill.com; lefflaw @centurytel.net; shinnsteermanlaw @centurytel.net;
mhammond @chp- law.com; bpaddock @chp - law.com; jmcconaughy @crwcd.org;
pfleming @crwcd.org; jdingess @dodpc.com; LMiller @fwlaw.com; ACastle @hollandhart.com;
tflorczak @jaggerlaw.com; mnicklos1 @mindspring.com; rick @petrockfendel.com;
catherine.gonzales @ state.co.us; linda.bassi @state.co.us; ted.kowalski @state.co.us;
felicity. hannay @ state.co.us; susan.schneider @ state.co.us; mpifher @troutlaw.com;
mkassen @tu.org; jwoldridge @waterlaw.ty
Subject:
Re: Proposed Changes to June 21st Prehearing Order
Dear Chris:
We apologize for not including you and Anne in the email; apparently,
the sender used the wrong address list. Regarding objections 1 and 2,
please note that both the schedule contained in the Hearing Officer's
June 21 order and the schedule sent out by Rod Kuharich are
recommendations to the Board. At the beginning of the hearing, the
Board will finalize the hearing schedule. However, no changes will be
made to the public comment times. Regarding objections 3 and 4, the
elimination of the public comment scheduled for lunchtime on Monday was
an oversight; the Board will hear public comment at the times indicated
on the June 21 order. CWCB staff will forward your email to the Board
today.
Linda
>>> "Christopher Thorne" <CThorne @hollandhart.com> 07/16/02 06:07PM
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,