Southeastern Colorado Water Conservancy District Minutes September 15 2005

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SECWCD September 15, 2005 7 RECORD OF PROCEEDING application (Case No. 01CW151) at the same time Southeastern stipulates in Pueblo West's exchange case. Mr. Leonhardt reported in Pueblo West's Hill Ranch transfer case (01CW152), legal counsel worked with District staff in preparing a request for proposal (RFP) and scope of work to select a new engineering consultant, following up on the previous work done by Ivan Walter. (As reported at the August Board meeting, the Upper Arkansas District terminated the joint engineering arrangement for use of Mr. Walter's services in this case.) Three capable engineering firms have submitted proposals in response to the RFP. Bob Hamilton, along with Merc Pittinos from legal counsel's office, attended a site inspection at the Hill Ranch on August 19, with representatives of Pueblo West and the Upper Arkansas District. At that time, Mr. Hamilton also provided Pueblo West a list of Southeastern's concerns in the case; the Board was provided a copy of that list. This will help to lay the groundwork for Southeastern's engineering review and comments on Pueblo West's proposed decree later this year. Bob requested that the engineering be completed by November 10. Mr. Leonhardt recommended that the Board authorize District staff to select an engineering firm to complete the review at a cost of no more than $20,000. Mr. Goodwin moved, seconded by Mr. Reed, to approve the recommendation. Motion unanimously carried. Mr. Leonhardt reported that legal counsel has negotiated a proposed agreement and stipulation for the Board's approval in the Board of Water Works of Pueblo's (`BWWP ") recent application for Clear Creek Reservoir enlargement storage rights (Case No. 04CW130). The Board was provided the agreement and stipulation for approval. The proposed agreement provides terms upon which Southeastern may obtain future if -and -when storage rights for unallocated Fry -Ark Project water in the enlarged capacity of Clear Creek Reservoir. It also leaves open the possibility that Southeastern may obtain more secure storage rights by participating in construction of the enlargement. The stipulation provides terms on which Southeastern will consent to a decree in the BWWP's application for storage rights, including terms to protect the Fry -Ark Project's operations of the voluntary flow management program. Both the agreement and the stipulation provide protections for Southeastern's conditional water rights to divert water into and out of Clear Creek at the reservoir location. Mr. Leonhardt recommended the District Board's approval of the stipulation and agreement. Mr. Goodwin moved, seconded by Mr. O'Donnell, to approve the recommendation. Motion passed with Mrs. Orteg6n abstaining. Ms. Alix Joseph reported the Lower Arkansas Water Management Association (LAWMA) filed an application for a change of water rights and approval of a plan of augmentation in late 2002, Case No. 02CW181. LAWMA, the well association for many of the wells below John Martin Dam, proposes to change several surface irrigation water rights it has acquired in Bent and Prowers counties, for use in LAWMA's augmentation and replacement plans. Since 1996 LAWMA has been using replacement plans that have been approved by the State and Division Engineer on an annual basis to augment depletions from their member wells. Ms. Joseph reported that the Water Court granted LAWMA's Motion for Partial Dismissal on August 22,