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SECWCD <br />August 18, 2005 <br />6 <br />RECORD OF PROCEEDING <br />STATE LEGISLATIVE REPORT: <br />Chuck Ford said he is grateful for the opportunity to work for the Southeastern District and will <br />bring the rest of his staff in to meet the Board at a future meeting. <br />Mr. Ford reported Russ George said the Interbasin Compact process is off to a great start. <br />Appointments to the roundtables has begun and Denzel Goodwin has been appointed to the <br />Arkansas River Basin roundtable. There is an Ark Basin roundtable meeting scheduled for <br />September 15. Additional roundtable members will continue to be added throughout the <br />organizational phase. <br />LEGAL REPORT: <br />Mr. Leonhardt reported in the Chaffee County recreational in- channel diversion (RICD) case, the <br />Water Court had just set trial for October 30- Novemeber 10, 2006. The Colorado Water <br />Conservation Board (CWCB) filed a motion to extend the September 16 deadline, for the CWCB <br />to report its findings to the Water Court, until November 30, 2005. If granted, this extension <br />likely will give the parties until about November 1 to finalize a settlement for review by the <br />CWCB. Chaffee County's attorneys have submitted a Case Management Order (agreed to by the <br />parties) for entry by Judge Maes. In drafting this Order, Chaffee County agreed to <br />Southeastern's and others' request that the Objectors' expert reports be due four months after the <br />County provides its report. <br />Mr. Leonhardt said District staff and legal counsel have participated in continuing settlement <br />negotiations with Chaffee County and other parties, and another meeting is set for August 22, to <br />develop a framework for resolving operation of senior and junior exchanges as against the RICD, <br />which also will affect the high RICD flows that Chaffee County claims for late May and June. <br />Legal counsel is still awaiting the State agencies' comments on the proposed agreement for <br />future operation of the voluntary flow management program (VFMP) for the upper Arkansas <br />River. Mr. Leonhardt will meet with the State and others on August 29 to discuss the VFMP <br />issues. Another meeting will be held in late September to discuss the overall structure for <br />settlement, including a draft memorandum of understanding (MOT). <br />Mr. Leonhardt reported the Lower Arkansas Water Management Association ( LAWMA) change <br />of water rights case has been set for a three -week trial beginning on April 10, 2006. LAWMA <br />filed a Motion for Partial Dismissal, seeking to dismiss those portions of its application that seek <br />approval of an augmentation plan for wells covered by LAWMA's annual replacement plans <br />under the 1996 Well Rules. Legal counsel negotiated a stipulation to this motion, with <br />conditions clarifying how the partial dismissal will affect the remaining parts of the case. Amity <br />Mutual Irrigation Company, the Buffalo Canal Company, and Fort Lyon Canal Company just <br />entered into another stipulation to this motion, with similar conditions. If the Court grants this <br />motion, LAWMA's case will be primarily for a change of use of several decreed surface water <br />rights from direct irrigation use to allow augmentation use, which will make the case more <br />f <br />