Southeastern Colorado Water Conservancy District Minutes September 15 2005

Home Browse Search

SECWCD September 15, 2005 5 RECORD OF PROCEEDING U.S. GEOLOGICAL SURVEY REPORT: There was not a representative of USGS to give report. DIRECTOR OF ENGINEERING & RESOURCES MANAGEMENT REPORT: Water R6sum6 Report Mr. Hamilton reviewed Case No. 05CW47, Rancho De Caballeros Homeowners Association and Case No. 05CW50, Johnny A. Herndon, with Steve Kastner of the Division Engineer's Office concerning these cases and there is no reason for the District to participate in these cases. Mr. Hamilton recommended the District file a Statement of Opposition in the Broyles /LAWMA Application, Case No. 05CW52. This case is a joint application by LAWMA and Broyles Land & Water, LLLP for a change of water rights on the Keesee Ditch in Bent County. LAWMA owns one half of the Keesee and has an option to purchase the other half from Broyles. The District is already involved in another case with LAWMA on this Ditch. The other LAWMA case will be discussed in the legal report. Mr. Genova moved, seconded by Mr. Simpson, to file a statement of opposition in Case No. 05CW52. Motion unanimously carried. Mr. Hamilton reported in the August 2005 r6sum6 for Water Division 2, there is only one case of interest to the District in this r6sume. This is the Diligence Filing of the Security Water District, Case 05CW58 concerning the exchange of return flows from Fryingpan- Arkansas Project water delivered by the Fountain Valley Authority for exchange to the Fountain Mutual. The District has a stipulation in Security's prior diligence application. The stipulation requires that any decree contain standard Fry -Ark protective language. Legal counsel will ask Security's counsel to acknowledge that the prior stipulation remains in effect as to the current diligence filing. In July 2005 resum6 Water Division 5, there are no cases of interest to the District. LEGAL REPORT: Mr. Leonhardt reported in the High Plains A &M and ISG cases on appeal, the Colorado Supreme Court issued its decisions on September 12, upholding the Water Court's order dismissing the cases. Mr. Leonhardt said legal counsel had summarized the Supreme Court decisions in a memorandum, which was provided to Board members and District staff. Mr. Leonhardt said the claim for the District's engineering costs is the only issue remaining to be determined in these cases. President Stealey congratulated Mr. Leonhardt on the Supreme Court oral arguments. Mr. Leonhardt said it was a team effort that included Alix Joseph and Scott Clark. Mr. Leonhardt reported in the Chaffee County in- channel diversion (RICD) case, trial has been set for next year, from October 30 — November 10, 2006. Judge Maes entered a Case Management Order (agreed to by all the parties), which sets various deadlines prior to trial. Most significant from Southeastern's perspective, the process of formal written disclosures and