Southeastern Colorado Water Conservancy District Minutes June 16 2005

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SECWCD June 16, 2005 8 RECORD OF PROCEEDING to a one -month extension to the settlement deadline, until July 29, which he had discussed with the BWWP's attorney. Mr. O'Donnell moved, seconded by Mr. Reed, to approve the recommended agreement to the July 29 settlement deadline. Motion passed, with Mrs. Orteg6n recusing herself from discussion of this matter and the vote. Mr. Leonhardt reported that Colorado Water Protective & Development Association ( CWPDA) had not used some of the 2004 Holbrook and Catlin Winter Water that it had in storage in Pueblo Reservoir by the decreed release deadline of May 1, 2005. CWPDA had held this Winter water in storage for ultimate use as well augmentation credits. CWPDA has released the return flow component of this water based on a schedule approved by the Division Engineer in CWPDA's Rule 14 Replacement Plan. Thus, the only amount remaining was the consumptive use portion of the water. District legal counsel told CWPDA's attorney that they would recommend Southeastern consent to the late bookover of Winter water to CWPDA's "if and when" storage account under the following conditions: (1) such temporary change to Southeastern's Winter ;Water decree is approved by the State or Division Engineer in compliance with applicable statutes (e.g., as part of a Rule 14 replacement plan), with notice given to Southeastern as part of the process; (2) all historic return flows are replaced at the appropriate time and location; (3) any water released from the "if and when" storage is used within Southeastern's boundaries; and (4) the affected ditch companies (here, both Catlin and Holbrook Canal Companies) consent to such transfer. Legal counsel continues to correspond with CWPDA's attorney on this issue, but have not yet heard a definitive response. Lee Miller said the Board members were provided a copy of a letter to Special Master Arthur Littleworth and the first monthly progress report required by his recent order in Kansas v. Colorado and suggested some sections in which members might be particularly interested. Lee Miller reported with regard to Colorado River issues, Jim Lochhead reported on a recent conference call between The Department of Interior and the Basin States. The purpose of the call was to discuss a proposed notice that Interior will publish around June 15, that initiates the Secretary's process for developing shortage guidelines for Lake Mead releases, and for considering other means to conserve water in low reservoir conditions (this latter is code for developing triggers at Powell that will identify when the Secretary will release less than 8.23 million acre - feet). The Board members were provided a copy of the draft notice. The process identified in the call is that Interior expects the states to get together over the next six weeks to develop consensus on shortage guidelines. Interior will propose a scoping notice to officially start the NEPA process in September. Mr. Lochhead said that he does not believe the states will reach consensus between now and September. Right now, there are no Basin States meetings scheduled, and the states remain divided over the 8.23 million acre -feet issue. In addition to the draft notice, the Board members were provided a speech presented last month by Commissioner Keys that provides some insight into how Reclamation currently views many of the key Colorado River issues.