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SECWCD <br />August 18, 2005 <br />9 <br />RECORD OF PROCEEDING <br />decree involves exchanges of allocated Fry -Ark Project water into storage in Cottonwood <br />Reservoir and Rainbow Lake, for use by the UAWCD, and Buena Vista, and to Buena Vista's <br />diversion points on Cottonwood Creek. The Southeastern District joined with UAWCD and <br />Buena Vista in filing a diligence application for these conditional exchange rights (Case No. <br />05CW51) on July 29, 2005. UAWCD requested part of the decree be made absolute based on <br />the amounts exchanged. Bob Hamilton raised some questions in reviewing this claim, and after <br />discussions with the co- applicants and the water commissioner, an amended application was <br />filed on August 9, 2005. Mr. Hamilton will further review the amended application to confirm <br />the Fry -Ark accounting supports the current absolute exchange claims. <br />Mr. Lee Miller reported a copy of the Kansas v. Colorado current month's progress report was in <br />their Board binders for review. <br />Mr. Lee Miller reported Jim Lochhead provided a recent update on Colorado River issues, <br />focusing on a recent complaint filed against the United States in federal district court in Las <br />Vegas by Mexican economic interests and American environmental groups to stop the <br />construction of the All - American canal lining project, one of the key elements of the California <br />4.4 plan. <br />In another Colorado River matter, Mr. Miller reported on correspondence received from Jim <br />Lochhead reporting on a meeting this past Monday in Las Vegas among the Colorado River <br />Basin states and a draft letter resulting from this meeting. The draft letter is intended to outline <br />comments to the Secretary in the scoping of the shortage guidelines and coordinated reservoir <br />operation. The draft letter will be discussed at the seven state meeting in San Diego on the 25th. <br />This letter fits in with a meeting that Jim Lochhead and Colorado's Upper Colorado <br />Commissioner Scott Balcomb held late last month with Pat Mulroy with the Southern Nevada <br />Water Authority and Herb Guenther with the State of Arizona. Jim Lochhead reports the <br />meeting was remarkably productive, and resulted in consensus around a number of points to <br />begin working on an agreement to address some of the outstanding river issues, such as the <br />Upper Basin delivery obligations. Scott Balcomb and Jim Lochhead have discussed the concepts <br />from that meeting with New Mexico and Wyoming, and reports that the concepts were well <br />received. Likewise, Natural Resources Executive Director Russ George and CWCB Director <br />Rod Kuharich are also reportedly comfortable with the concepts. Mr. Lee Miller will be working <br />with Jim Lochhead on putting these concepts into a draft agreement for consideration by the <br />states. Following the meeting with Jim Lochhead and Scott Balcomb, Herb Guenther visited Jim <br />Broderick to discuss many of these same concepts. Mr. Broderick commented on his meeting <br />with Mr. Guenther. <br />Mr. Lee Miller reported last month the Board provided direction for legal counsel's participation <br />in the CWCB rulemaking to revise its rules on RICD's. The Board was provided with the <br />hearing notice, proposed rule revisions and proposed basis and purpose statement. Written <br />comments are due to the CWCB by August 30; Mr. Lee Miller is working with District staff to <br />