Southeastern Colorado Water Conservancy District Minutes December 13 2005

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SECWCD December 13, 2005 S RECORD OF PROCEEDING Mr. Miller reported the Water Quality Control Commission (WQCC) adopted temperature criteria and implementation regulations with a delayed effective date of December 31, 2007, Further, the WQCC directed the Water Quality Control Division (Division) to continue work on the temperature criteria and return in 2007 with a revised proposal that addresses the issues that were raised during the hearing process. Lee Miller participated in a Temperature Stakeholders meeting on November 21, where several documents from the Division, including the Colorado Temperature Technical Advisory Committee's first memorandum, a Draft Temperature Policy 06 -1 (policy document for the Commission regarding how temperature standards will be determined) and draft risk management question for the WQCC (what is the acceptable risk level) were discussed. The Division has asked that comments on the Draft Temperature Policy 06 -1 be provided by December 31. Legal counsel is working with District staff and the other stakeholders on what, if any, comments they will provide. Lee Miller reported early this year legal counsel filed an amici curiae brief in Colo. Water Conservation Bd. v City of Central, joined by the Colorado River Water Conservation District. The Colorado Supreme Court issued its decision on November 28, reversing the water court. The court's reasoning for its decision was based, for the most part, on the analysis that legal counsel presented in their brief. Legal counsel had argued for the Supreme Court to adopt a rule that plans for augmentation must protect against injury to all vested rights and all senior rights. Rather than adopting this general rule, the Supreme Court held that Central City's augmentation plan had to protect against injury to instream flows. OTHER BUSINESS: President Stealey appointed an Arkansas Compact Committee, the following were appointed to that C ittee: Carl Genova, Howard "Bub" Miller, and Bill Long. (, President Stealey appointed the following committee at the November meeting to work on the Chaffee �,�L - County RICD: Reed Dils, Denzel Goodwin, Harold Miskel, John O'Donnell, Jim Broderick, and Steve Leonhardt. President Stealey said he has not yet appointed a committee to work on the Lake County issue of Lake County joining the Southeastern and /or Upper Water Conservancy Districts. He said he will discuss with General Manager of the Upper District Terry Scanga the possibility of forming a joint committee. WATER MEETINGS: Arkansas River Water Forum — April 21 -22, 2006 — Salida