Laserfiche WebLink
HOLLAND & HART LLP <br />ATTORNEYS AT LAW <br />DENVER • ASPEN <br />SUITE 3200 <br />TELEPHONE (303) 295 -8000 <br />BOULDER • COLORADO SPRINGS <br />555 SEVENTEENTH STREET <br />FACSIMILE (303) 295 -6261 <br />DENVER TECH CENTER <br />DENVER, COLORADO 80202 -3979 <br />BILLINGS - BOISE <br />MAILING ADDRESS <br />Anne J. Castle <br />CHEYENNE • JACKSON HOLE <br />P.O. BOX 8749 <br />(303) 295 -8229 <br />SALT LAKE CITY • SANTA FE <br />DENVER, COLORADO 80201 -8749 <br />(303) 975 -5435 Fax <br />WASHINGTON, D.C. <br />acastle @hol land hart.coln <br />Apri123, 2002 <br />Settlement Communication Pursuant To Colo. R. Evid. 408 <br />VIA E -MAIL AND U.S. MAIL <br />Lee E. Miller <br />Fairfield & Woods <br />1700 Lincoln St. Suite 2400 <br />Denver, CO 80203 <br />Re: Pueblo /PSOP Participants Discussions and Agreement <br />Dear Lee: <br />As we discussed in our telephone conversation this afternoon, I am <br />enclosing for the consideration of the Southeastern Colorado Water <br />Conservancy District and the Storage Participants a redrafted paragraph 2 to the <br />Pueblo /PSOP agreement. I have also enclosed a redlined version of this <br />paragraph, comparing this revision to paragraph 2 of Pueblo's proposal dated <br />April 9, 2002. <br />We have prepared and now propose this revision to paragraph 2 in order <br />to expedite to the extent possible the negotiations between Pueblo and the <br />Storage Participants. In light of the length of time thought to be needed prior to <br />our next group meeting, Pueblo decided to take the initiative to provide this <br />proposal for consideration. <br />We have now had sufficient opportunity to review the data provided last <br />week by Colorado Springs Utilities to Bruce Kroeker and, with the benefit of <br />that information, have filled in the flow rates we believe appropriate in <br />paragraph 2.b. for the shoulder seasons. Having the benefit of that data also <br />demonstrated that a further breakdown of the shoulder seasons made sense. <br />We have also drafted for your review a "dry year exception" provision in <br />paragraph 2.g. As Pueblo representatives have made clear since our initial <br />meetings last fall, Pueblo is and remains willing to provide for an appropriately <br />tailored dry year exception to any agreement we reach on flow limits in order to <br />allow water providers to exchange downstream water rights into Pueblo <br />Reservoir during drought periods. We chose the forecasts of stream flow made <br />by the Natural Resources Conservation Service in its Water Supply Outlook <br />