Southeastern Colorado Water Conservancy Distric Minutes March 17 2005

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SECWCD March 17, 2005 RECORD OF PROCEEDING completed his review. The most significant remaining issues for the Southeastern District involve the need for Pueblo West to acknowledge Southeastern's decreed 1939 exchange priority for measured municipal Fry -Ark return flows (to the extent allowed by Southeastern's 1989 stipulation with Colorado Springs, the Board of Water Works of Pueblo, and the AVDA), transit losses on various tributaries to the Arkansas River, and Pueblo West's agreement to Pueblo flow conditions in a manner consistent with the 2004 Pueblo Flow IGA (to which Pueblo West was not a party) and the PSOP. District staff and legal counsel expect negotiations with Pueblo West in the near future on these and other issues, in response to the "global settlement" proposal presented last year by Pueblo West's attorney, Bob Krassa. Mr. Miller reported the Colorado Supreme Court has issued a decision March 14 on the Upper Gunnison Water Conservancy District RICD case, in which Southeastern joined the amici brief in support of the CWCB's position. David Robbins thanked the Board for joining in the amici brief. Mr. Miller said that legal counsel is working on a memo outlining the impacts of the case on the District's interests, particularly the RICD cases the District is currently involved in, City of Pueblo and Chaffee County. Mr. Miller reported Mr. Broderick and he continue to meet with members of the Coalition to discuss Colorado River issues, particularly the reduction of the Upper Basin's delivery requirement to the Lower Basin from 8.23 MAF to 7.5 MAF during 2005 and future years. A meeting scheduled of Russ George's working group has been cancelled. Mr. Miller provided a summary of the update presented to the Joint House Agriculture, Livestock & Natural Resources and Senate Agriculture, Natural Resources & Energy Committees by state and federal officials on March 15. Mr. Miller provided a copy of a PowerPoint that was given at the hearing by Reclamation officials titled, Managing Water in the West- Colorado River Operations Briefing for the State of Colorado Joint Agricultural Committee. Mr. Broderick said he spoke to Deputy Commissioner Mark Limbaugh at the Family Farm Alliance meeting in regard to this issue. EXECUTIVE SESSION: Attorney Lee Miller said a request had been made for the Board to enter into Executive Session, for the purpose of- C.R.S. §24- 6- 402(4)(b): (Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions) C.R.S. §24- 6- 402(4)(e): (Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators) To discuss the following matters: a) Legal issues and strategy associated with Chaffee County's RICD application and related negotiations; b) Legal issues and strategy associated with AGUA's change of water rights and replacement plan; and