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Application of Pueblo, O1CW 160
<br />Water Division 2
<br />2. Notice: Timely and adequate notice of the application was given in the manner
<br />required by law. None of the land or water rights involved in this application is located
<br />in a designated ground water basin. The Court has jurisdiction over the subject matter
<br />of this proceeding and over all persons who have standing to appear as parties, whether
<br />they have appeared or not.
<br />3. Statements of Opposition: Statements of opposition were filed in the matter by
<br />the Holbrook Mutual Irrigating Company ( "Holbrook "), the Fort Lyon Canal Company
<br />( "Fort Lyon "), the Colorado Water Conservation Board ( "CWCB "), the Arkansas
<br />Valley Ditch Association ( "AVDA "), Trout Unlimited ( "TU "), the State and Division
<br />Engineers ( "Engineers "), the City of Fountain, Otero County, the City of Aurora, the
<br />Upper Arkansas Water Conservancy District ( "UAWCD "), the Colorado River Water
<br />Conservation District ( "River District "), the Rocky Ford Ditch Sellers Group
<br />( "RFDSG "), Public Service Company of Colorado ( "PSCo "), the City of Colorado
<br />Springs ( "Colorado Springs "), the Twin Lakes Reservoir and Canal Company ( "Twin
<br />Lakes "), the Colorado Canal Company ( "Colorado Canal "), the Crowley County Board
<br />of Commissioners, District 67 Irrigation Canals Association ( "District 67 "), and the
<br />Southeastern Colorado Water Conservancy District ( "Southeastern District "). Pueblo
<br />West Metropolitan District ( "Pueblo West ") filed a motion to intervene on March 29,
<br />2004 and that motion was granted by Order dated April 1, 2004. The statement of
<br />opposition conditionally filed by Pueblo West was accepted by the Court. The time for
<br />filing statements of opposition has expired.
<br />4. Stipulations: Pueblo has reached stipulations with the following parties: City of
<br />Aurora, City of Fountain, Pueblo Board of Water Works, Colorado Springs, -
<br />Southeastern District, Crowley County, Holbrook, Fort Lyon, AVDA, District 67, TU,
<br />Otero County, UAWCD, River District, PS.Co, Twin Lakes, Colorado Canal, CWCB,
<br />Engineers, and Pueblo West. These stipulations, including the exhibits thereto, have
<br />been approved by the Court and are incorporated herein by this reference to the extent
<br />applicable by their terms. The statement of opposition of the Rocky Ford Ditch Sellers
<br />Group was withdrawn. Pueblo and certain of the opposers are parties to an
<br />Intergovernmental Agreement among the Cities of Pueblo, Fountain, Colorado Springs,
<br />and Aurora, the Southeastern District, and the Board of Water Works of Pueblo,
<br />effective May 27, 2004 ( "Regional IGA ") that pertains to the RICD water right which is
<br />the subject of this application. A copy of the Regional IGA is attached to the
<br />stipulation between Pueblo and the Southeastern District filed November 1, 2004 with
<br />the Water Court in this proceeding.
<br />5. Colorado Water Conservation Board Action: On January 30, 2002, pursuant
<br />to C.R.S. § 3.7 -92- 102(5) and § 37 -92- 305(16), Pueblo submitted a copy of the
<br />application to the CWCB. On March 7, 2002, the Rocky Ford Ditch Sellers Group, the
<br />City of Aurora, the City of Fountain, and the City of Colorado Springs requested a
<br />hearing before the CWCB pursuant to C.R.S. § 37- 92- 102(6)(a). A hearing was held
<br />before the CWCB on July 22 and 23, 2002. After deliberations conducted on July 23
<br />and August 5, 2002, the CWCB submitted its Findings of Fact and Final
<br />Recommendation to the Water Court on August 16, 2002.
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