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Southeastern Colorado Water Conservancy District Minutes December 13 2005
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Southeastern Colorado Water Conservancy District Minutes December 13 2005
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Water Supply Protection
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Southeastern Colorado Water Conservancy District Minutes December 13 2005
State
CO
Date
12/13/2005
Author
Gonzales, Toni
Title
Southeastern Colorado Water Conservancy District Minutes December 13 2005
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Minutes
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SECWCD <br />December 13, 2005 <br />4 <br />RECORD OF PROCEEDING <br />remained unresolved. LAWMA agreed to forego some of its water use if it does not make measurable <br />progress on revegetating the Highland and Keesee lands within five years after a decree is entered. <br />LAWMA also agreed that the revegetation status of several of the ditches had not been adequately <br />evaluated. Southeastern and LAWMA will work together to commission a baseline revegetation study for <br />these lands. LAWMA will then be responsible for completing revegetation within ten years. If <br />revegetation is not completed within ten years (absent specified extreme circumstances), LAWMA will be <br />required to forego some of its water use. <br />Mr. Leonhardt reported in the Chaffee County recreational in- channel diversion (RICD) case, settlement <br />negotiations are continuing. Jim Broderick and Mr. Leonhardt attended a meeting with several of the <br />parties December 5, and today met with the District's Chaffee County RICD subcommittee. The Colorado <br />Water Conservation Board (CWCB) has asked that the parties submit any settlement agreement by January <br />11, 2006, for the CWCB's consideration in finalizing its findings from the hearing held in May 2005. <br />While some parties have indicated there are unlikely to be any further extensions to the January deadline, it <br />may be difficult to complete a settlement before then. The Board was provided a copy of legal counsel's <br />memorandum to the subcommittee, summarizing the current issues in settlement negotiations, along with <br />the current draft memorandum of understanding (MOU) and proposed decree provided by Chaffee <br />County's attorney, and a revised draft agreement on the voluntary flow management program (VFMP) <br />which was provided by the State's attorney following a November 17 conference call discussion among the <br />parties. Mr. Leonhardt said legal counsel would provide comments on these draft documents. <br />Mr. Leonhardt reported in Kansas v. Colorado, the States submitted simultaneous briefs on all proposed <br />decree issues on December 9, 2005, with reply briefs due December 16, 2005. Kansas proposed a decree <br />with an injunction governing Colorado's future compact compliance efforts, which Colorado contests. <br />Kansas' version of the proposed decree also has provisions specifying acceptable replacement water <br />sources. These provisions appear to imply that Fry-Ark water sources cannot be used to replace well <br />depletions to state -line flows. Legal counsel has discussed this issue with Colorado's attorneys (David <br />Robbins and Dennis Montgomery) and provided suggestions to assist them in addressing this issue in <br />Colorado's brief, to assure that the decree will not limit use of Fry-Ark water and return flows to replace <br />depletions from wells within Southeastern's boundaries. <br />Since the States resolved several other issues by agreement, the arbitration hearing in Omaha the week of <br />November 14 was limited to the issue of whether any change should be made to the representation of the <br />Graham Ditch water right in the H -I model. The arbitrator was Roger Patterson, the former director of the <br />Nebraska Department of Water Resources and former Great Plains Regional Director for Reclamation. Mr. <br />Patterson said he would issue his decision on December 12. <br />Lee Miller reported that a copy of a confidential update from Jim Lochhead to the Colorado River Coalition <br />on Colorado River negotiations among the Basin states. Further discussion among Coalition <br />representatives on the items will take place at the Colorado River Water Users Association meeting in Las <br />Vegas. Jim Broderick and possibly some Board members will participate in those discussions. <br />
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