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Southeastern Colorado Water Conservancy District Minutes June 16 2005
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Southeastern Colorado Water Conservancy District Minutes June 16 2005
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Southeastern Colorado Water Conservancy District Minutes June 16 2005
State
CO
Date
6/16/2005
Author
Gonzales, Toni
Title
Southeastern Colorado Water Conservancy District Minutes June 16 2005
Water Supply Pro - Doc Type
Minutes
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i SECWCD <br />June 16, 2005 <br />7 <br />RECORD OF PROCEEDING <br />Mr. Leonhardt reported that the Water Judge had entered a decree on May 13 in Aurora's Case <br />No. 98CW137(B), allowing diversion of Aurora's Lake County ranch (Hayden and Spurlin- <br />Shaw) water rights at alternate points of diversion associated with Aurora's proposed Box Creek <br />Reservoir. Southeastern had stipulated to this decree, which is consistent with Aurora's main <br />Lake County transfer decree entered last year in Part A of the same case. <br />In the Arkansas Groundwater Users Association (AGUA) change of water rights case, Mr. <br />Leonhardt reported that on June 13, Water Referee DiDomenico granted AGUA's motion to <br />rerefer the case to the Water Judge. The order for rereferral puts the case on a litigation track, <br />allowing AGUA to set the matter for trial and triggering deadlines for disclosures and other <br />litigation activities. AGUA also continues to express an interest in settlement negotiations. Paul <br />Anderson, AGUA's attorney, has told District legal counsel that he and AGUA's engineer are <br />working on a proposed decree that responds to their comments presented at the April 22 meeting, <br />which they should expect to see shortly. <br />Mr. Leonhardt reported counsel for the Lower Arkansas Water Management Association <br />(LAWMA) has requested a meeting with District legal counsel and staff to present an overview <br />of their engineering and objectives for LAWMA's augmentation plan and change case. That <br />meeting is now set for June 27, 2005 at the District office. Representatives from the Arkansas <br />Valley Ditch Association (AVDA) also will participate in the meeting. Carl Genova, Bill Long, <br />and Scott Reed, along with Bob Hamilton, will participate for the Southeastern District. <br />Southeastern and AVDA have engaged Dick Stenzel to provide his engineering expertise in <br />reviewing LAWMA's proposals. AVDA approved sharing the cost of retaining Mr. Stenzel in <br />this case with Southeastern on a 40/60 basis, the same as previously agreed for the AGUA case. <br />LAWMA's attorneys recently told Mr. Leonhardt that they are contemplating dismissing those <br />portions of the application that relate to the claim for a plan of augmentation of wells covered by <br />annual replacement plans under the 1996 Well Rules. If this happens, the application will be <br />primarily for a change of use of several decreed surface water rights from direct irrigation use to <br />allow augmentation use. Given the possibility that the case will be narrowed by such a <br />dismissal, legal counsel has asked Dick Stenzel to focus his review on those portions of the <br />application relating to changes in water rights. <br />Mr. Leonhardt reported in the Board of Water Works of Pueblo (BWWP) recent application for <br />Clear Creek Reservoir enlargement storage rights (Case No. 04CW130), last month Southeastern <br />and the BWWP agreed to further extend the deadline to June 30 to reach a stipulation and <br />agreement, or for Southeastern to file a statement of opposition. Legal counsel had just received <br />BWWP's response to the proposal presented to them in early May, for an agreement allowing <br />Southeastern to store unallocated Fry -Ark Project water in excess capacity in the Clear Creek <br />enlargement, and for stipulation terms to protect Fry -Ark Project water rights and operations <br />including the Voluntary Flow Management Program. In addition, based on discussions with <br />District staff, Mr. Leonhardt plans to raise additional issues in these negotiations, involving the <br />District's conditional water rights on Clear Creek. Mr. Leonhardt recommended the Board agree <br />
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