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Before the Colorado Water Conservation Board <br />Administrative Proceeding <br />Concerning: <br />Case Number: 01CW160 <br />(Water Div. 2) <br />CONCERNING THE APPLICATION FOR <br />WATER RIGHTS OF PUEBLO, A MUNICIPAL <br />CORPORATION <br />IN PUEBLO COUNTY, COLORADO <br />MOTION FOR DISCLOSURE OF POTENTIAL CONFLICTS <br />Pueblo, a Municipal Corporation ( "Pueblo "), by and through its undersigned <br />attorneys, requests that the Colorado Water Conservation Board (the "CWCB ") issue an <br />order requiring all voting and ex officio members of the CWCB to disclose all potential <br />conflicts of interest concerning the upcoming July 22, 2002 hearing before the CWCB <br />regarding Pueblo's application for a Recreational In- Channel Diversion ( "RICD ") water <br />right, including disclosure of all past or current employment or other material <br />relationship between the CWCB member and any party to the hearing. In support of <br />this motion, Pueblo states as follows: <br />1. The CWCB hearing regarding Pueblo's application involves the <br />participation of at least 19 parties, many of whom have voiced strong objections to <br />Pueblo's application. The findings of fact and recommendation issued to the Water <br />Court by the CWCB following this hearing will be presumptive to such facts in Water <br />Court proceedings on Pueblo's application. Accordingly, it is imperative that Pueblo <br />receive a fair and impartial hearing before the CWCB, and that any CWCB member <br />(including both voting and ex- officio members) who has a private interest that would be <br />furthered by any particular outcome of the hearing be recused from participating in the <br />hearing. <br />2. Pursuant to Colo. Rev. Stat. § 24 -18 -110 (2001), CWCB members may, <br />"prior to acting in a manner which may impinge on his fiduciary duty and the public <br />trust, disclose the nature of his private interest." Id. Furthermore, Colo. Rev. Stat. § <br />24 -18 -108.5 (2001) prohibits CWCB members from performing an official action that <br />may result in economic benefit to a business or undertaking in which a member has a <br />substantial financial interest. See id. <br />