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May 22, 2002 <br />Anne Castle <br />Chris Thorne <br />Holland & Hart, LLP <br />555 17t' Street, Suite 3200 <br />Denver, CO 80202 <br />Re: RICD Hearing <br />Dear Anne and Chris: <br />In an effort to narrow the scope of matters upon which evidence will have to be presented to <br />the Colorado Water Conservation Board in conjunction with the City's RICD filing, Opponents would <br />ask that you consider stipulating to the following facts: <br />The existence of the RICD could impair future exchange opportunities through the <br />reach in question, including exchanges which are currently filed and probable <br />future exchanges of which the City of Pueblo is aware. <br />2. The City of Pueblo desires to maintain a certain instream flow regime in the <br />Arkansas River below Pueblo Dam for purposes of diluting its wastewater effluent. <br />3. The City of Pueblo desires to maintain a certain instream flow regime in the <br />Arkansas River below Pueblo Dam in order to avoid or forestall potential <br />improvements to its wastewater plant. <br />4. The City of Pueblo has opposed H.R. 3881 on the basis that it does not provide <br />adequate flow protection for the City's RICD structures. <br />5. There is no current plan to utilize the RICD for recreational purposes after <br />sundown and before sunrise. <br />C:\DATA \Colo SpringsTueblo \Castle -Thome Lettenwpd <br />May 22, 2002 (2:56pm) GLM <br />