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Friday, May 24, 2002 4:06 PM <br />Harold E. Miskel 7192608128 <br />05/24/2902 11:27 S.E. WATER CONSERVANCY 4 17192609128 <br />'''V : :�'7�- : � »AM01!FAIRFIELD & WOODS•LAM & HART LLF <br />, <br />HOLLAND & HART LL? <br />ATTORNU3 AT LAW <br />Lee E, Miller <br />May 23, 2002 <br />Page 3 <br />NO. 13B D04 <br />N0.4144 R. 5 oodioo4 <br />surprising that Pueblo would be unwilling to make significant concessions in its <br />RICD water right but take the risk that the promises given in return for those <br />concessions could terminate for reasons completely beyond Pueblo's control. <br />The assertion that the flow conditions offered result in exchange <br />curtailment of over 10,000 tore feet worth $40 million simply cannot be <br />supported. It has already been acknowledged that the modeling work that <br />produced these numbers Ignored minimum flow requirements in existing <br />decrees, and did not even purport to predict reduction In yield of the water <br />rights being exchanged. The failure of this model to use reality -based <br />assumptions renders its output of very little use or credibility. <br />Pueblo is committed to continuing its discussions with the PSOP <br />Participants in an effort to reach a mutually acceptable compromise. However, <br />it cannot be expected that the entirely one-sided proposal described above will <br />fulfill the goal of protecting minimum flow levels through Pueblo in exchange <br />for the tremendous benefit that will be pravided to the PSOP Participants from <br />the proposed reoperation and enlargement of Pueblo Reservoir_ If the PSOP <br />Participants really want the City's support for the passage of H.R 3$81, we <br />expect a serious proposal thst provides meaningtitl protections for the river <br />that is the heart of the City. As you probably also realize, the City Council <br />shares the concern of its citizens regarding additional fature out -of -basin <br />transfers, and it is clearly desirable for this matter to be satisfactorily addressed <br />in any forthcoming proposal from Southeastern and the ?SOP Participants. <br />We will be bock in touch with you after the Pueblo City Council has had <br />U opportunity to review more specific comments ou and revisions to the <br />proposed agreement, <br />Sincerely <br />a., <br />;ia <br />A nne I. Castle <br />AJC:ns <br />CC". Lee Evett <br />Mike Ocrhiatu <br />Tom Plorczak <br />Bruce Kroeker <br />Chris Thorne <br />29"123 t.00c <br />p.04 <br />