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SECWCD <br />August 18, 2005 <br />8 <br />RECORD OF PROCEEDING <br />Springs, BWWP, and AVDA) in settlement of this case, as part of a comprehensive settlement <br />agreement. <br />Mr. Leonhardt reported in Pueblo West's Hill Ranch transfer case (01CW152), District staff and <br />legal counsel have held further discussions with Ivan Walter and the Upper Arkansas District <br />regarding the engineering review that will be necessary before Southeastern can enter into a <br />settlement. The Upper District then terminated its agreement to share Mr. Walter's engineering <br />services with Southeastern in this case. Thus, Mr. Hamilton and legal counsel now plan to select <br />a new engineering consultant for this matter. They also have prepared an outline of issues of <br />concern to Southeastern in the case. In the draft settlement agreement with Pueblo West, legal <br />counsel proposed that following execution of that agreement, Southeastern would need an <br />additional six months to complete negotiation of a settlement stipulation in the Hill Ranch case. <br />Accordingly, Pueblo West has requested that legal counsel provide a list of the issues that <br />Southeastern wants to see on the table for discussion. Mr. Leonhardt reviewed the main issues <br />with the District Board, and said Mr. Hamilton would provide the list of issues to Pueblo West <br />when he visits the Hill Ranch property on August 19. <br />Mr. Leonhardt reported in the Pueblo Board of Water Works' (BWWP) recent application for <br />Clear Creek Reservoir enlargement storage rights (04CW130), last month Southeastern and the <br />BWWP agreed to further extend the deadline to August 31, 2005 to reach a stipulation and <br />agreement, or for Southeastern to file a statement of opposition. Mr. Leonhardt and District staff <br />have discussed with BWWP the need for further revisions to provisions of the proposed <br />agreement and stipulation, regarding the circumstances in which the District's water might be <br />spilled, and regarding cooperation between the District and the BWWP at the time the District <br />seeks to develop its decreed conditional water rights on Clear Creek. Mr. Leonhardt had just <br />received further revisions from the BWWP's attorney, which will require further negotiations. <br />Mr. Leonhardt recommended to further extend the previously - agreed August 31 settlement <br />deadline to September 30. Mr. Goodwin moved, seconded by Mr. Miskel, to authorize this <br />further extension of the August 31 deadline. Motion passed, with Mrs. Orteg6n abstaining. <br />Mr. Leonhardt reported in the City of Salida's Case No. 04CW125, Bob Hamilton has not yet <br />completed his review of the engineering that supports the Applicant's consumptive use figures, <br />historical usage, and request for an interruptible supply. Salida's counsel has agreed to a further <br />two -month extension of the filing deadline (until October 31, 2005) so that legal counsel and Mr. <br />Hamilton may more fully study the issues, and draft appropriate terms and conditions for a <br />stipulated settlement that legal counsel can present to the Board by the October meeting. Mr. <br />Leonhardt recommended that the Board authorize a letter agreement for a further two -month <br />extension of Southeastern's objection deadline in this case. Mr. Dils moved, seconded by Mr. <br />Miskel, to approve the two -month extension until October 31, 2005. Motion unanimously <br />carried. <br />In 1999, the Upper Arkansas Water Conservancy District (UAWCD), Southeastern and Buena <br />Vista jointly obtained a decree for exchanges on Cottonwood Creek (Case No. 96CW17). This <br />1 <br />