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SECWCD <br />March 17, 2005 <br />7 <br />RECORD OF PROCEEDING <br />02CW324) on February 4, 2005. No protests were filed, so Water Judge Craven then entered the <br />Decree on March 7, 2005. This decree makes absolute the remaining 24 cfs of Southeastern's <br />1983 priority conditional right for the Boustead Tunnel Enlargement (for 100 cfs in addition to <br />the 900 cfs originally decreed to Boustead Tunnel). The Board was provided a copy of the <br />consent decree, which also includes some operational conditions negotiated among the parties, <br />including the River District and the Bureau of Reclamation. As required by the parties' <br />Stipulation, on March 8, 2005 (following entry of the consent decree in the diligence case) legal <br />counsel filed a stipulated motion to dismiss Southeastern's other pending application (in Case <br />No. 03CW365) for an additional 30 cfs through Boustead as a second enlargement right. Mr. <br />Broderick commended the legal counsel for the many hours of work it took to get this case <br />completed and for the agreements that were reached and resolving future concerns. Mr. <br />Broderick also recognized the good job of the negotiating team. <br />Mr. Leonhardt reported in the Arkansas Groundwater Users Association (AGUA) change of <br />water rights case for the Excelsior Ditch, legal counsel is still awaiting a copy of AGUA's 2005- <br />2006 replacement plan application. Per the Division 2 Well Rules, this application was supposed <br />to be filed with the State Engineer by March 1, 2005, but AGUA has delayed filing it. Bob <br />Hamilton obtained some preliminary information from the Division Engineer's office, regarding <br />AGUA's preliminary projections of its depletions and replacement water amounts. Mr. <br />Leonhardt said that legal counsel may need to request an extension of the deadline for comments <br />on AGUA's replacement plan, since AGUA is so late in filing its application. If AGUA does <br />request significant winter diversions of the Excelsior again, legal counsel may file comments <br />requesting the State Engineer to deny that request in order to protect the Winter Water Storage <br />Program. In AGUA's Water Court case to change the Excelsior water rights, Mr. Leonhardt said <br />a negotiation meeting has been tentatively set for April 13, but may be rescheduled at the request <br />of AGUA's attorney. Mr. Leonhardt said legal counsel will discuss this issue with the Board in <br />Executive Session. <br />Mr. Leonhardt said in Aurora's Rocky Ford Ditch exchange case (Case No. 99CW170), legal <br />counsel has reached agreement with attorneys for the United States and Aurora on the provisions <br />of a stipulation to be signed upon execution of the memorandum of understanding (MOU) that <br />the Board approved last month, and on revisions to Aurora's proposed decree that will be <br />attached to the stipulation. The Bureau of Reclamation now will review the entire settlement <br />package and, once it has approved, will sign the MOU (which clarifies decree references to <br />contract provisions on the spill order from Pueblo Reservoir), and will forward it for execution <br />by Southeastern District and Aurora. Once the MOU has been fully executed, legal counsel will <br />sign the stipulation on behalf of Southeastern District. Aurora's exchange case is set for trial in <br />June, but most parties have settled. <br />Mr. Leonhardt reported in the Pueblo West lawn return flow exchange case (Case No. <br />85CW134(B)), legal counsel has prepared several comments on Pueblo West's current proposed <br />decree, which legal counsel will provide to Pueblo West's attorney once Bob Hamilton has <br />