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

DENVER - ASPEN
BOULDER - COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS -BOISE
CHEYENNE• JACKSON HOLE
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HOLLAND & HART LLP
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cthorne @hoIIandhart.com
May 13, 2002 b
VIA OVERNIGHT DELIVERY'
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To: Attached Distribution List
Re: Pueblo's RICD Water Right -- Undisputed Facts /Issues
in Colorado Water Conservation Board Proceedings
Dear Colleagues:
As you know, the Colorado Water Conservation Board (the "CWCB ")
has scheduled a hearing for July 23, 2002 concerning Pueblo's pending
application for a recreational in- channel diversion ( "RICD ") water right for its
Arkansas River Legacy Whitewater Park (the " Whitewater Park ") on the
Arkansas River in Pueblo. Pursuant to the Prehearing Order issued by the
CWCB's hearing officer, Pueblo's Prehearing Statement must be submitted by
May 22, 2002, with the Prehearing Statements of other Parties due no later than
June 14, 2002. This letter and the enclosed information is tendered with the
goal of narrowing the scope of disputed facts and issues for purposes of the
Prehearing Statements and the July 22 hearing, by agreement of the parties to
the hearing. Pueblo believes that this is particularly important given the
relatively large number of parties involved in these proceedings, and the limited
time available for the hearing.
Identified below are certain facts and issues potentially relevant to an
application for an RICD water right under the applicable statutory provisions
and the CWCB's RICD rules. For the reasons described below, as supported by
the enclosed materials, Pueblo believes that an agreement amongst the parties
that these matters (some of which are of little consequence, in any event) are
not in dispute for purposes of the July 22 hearing is appropriate. Given the fast
approaching prehearing deadlines, we ask that you confirm in writing to us no
later than May 20, 2002, the position of your respective clients as to the matters
that they are willing to agree are undisputed.
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