Southeastern Colorado Water Conservancy District Minutes June 16 2005

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r SECWCD June 16, 2005 9 RECORD OF PROCEEDING Lee Miller reported Judge Maes recently denied the CWCB's motion to remand the City of Pueblo's RICD case to the CWCB for further review, finding that the CWCB's previous position adequately complied with the RICD statute. As Mr. Miller reported last month; as a result of CWCB's motion, the Water Referee re- referred the matter, making it subject to the rules for proceeding to trial. While the District has reached a stipulation with Pueblo as part of the 6 -party IGA process, legal counsel will continue to monitor this proceeding to assure that nothing is done by any of the remaining opposers to thwart key provisions of the IGA. Lee Miller reported the Colorado Supreme Court is holding oral argument in the CWCB v. Central City case, in which legal counsel filed an amici brief in support of CWCB, on June 16. Merc Pittinos an associate who helped prepare the brief, will attend. Lee Miller and Mr. Pittinos participated in a session to prepare the Assistant Attorney Generals who will argue before the Court. fi ce Miller reported the Colorado Water Conservation Board (CWCB) is planning to revise its rules on Recreational In- Channel Diversions (RICDs). CWCB staff prepared draft revised proposed rules (the "Staff Draft ") and submitted them to the CWCB for discussion at the May 24 CWCB meeting. Legal counsel was not present at that portion of the CWCB meeting. Legal counsel understand from a subsequent discussion with Ted Kowalski of CWCB staff that the CWCB proposed significant changes to the Staff Draft. Legal counsel hopes to see an updated version of the RICD Rules in either late July or early August. CWCB Staff expects to publish the proposed rules in August, and will then schedule a rulemaking hearing as part of the CWCB's September meeting in Durango. Legal counsel is conducting only a limited review of the current Staff Draft. Lee Miller reported he has been participating on the District's behalf in meetings with the Colorado Water Congress (CWC) Water Quality Basic Standards Project, where Tom Pitts of Water Consult has been assisting and advising members on issues involved in the Water Quality Control Commission's (WQCC) basic standards rulemaking. The CWC Project has filed to be a party to the rulemaking; the rulemaking hearing was held on Monday, June 13. Of continuing concern to water providers such as the District are the most recent revisions proposed by the Water Quality Control Division on temperature standards. Related to the temperature standards issue raised by CWC's position in this hearing, the Environmental Protection Agency, overruling the WQCC, last week designated an 11 -mile stretch of Bear Creek as an "impaired" waterway because of conditions harmful to the creek's fishery. News reports state the EPA's ruling is significant because it marks the first time in Colorado that a stream's temperature has been considered a form of pollution. Lee Miller reported Reclamation Commissioner John Keys announced that Michael J. Ryan, a longtime Reclamation employee, has been selected as the new Great Plains Regional Director. Mr. Ryan is currently Northern California Area Manager in Redding, California. Reclamation's press release reports that he will assume his new duties before July 1, 2005. Prior to his current