Southeastern Colorado Water Conservancy District Minutes September 15 2005

• Description: Southeastern Colorado Water Conservancy District Minutes September 15 2005
• State: CO
• Date: 9/15/2005
• Author: Gonzales, Toni
• Title: Southeastern Colorado Water Conservancy District Minutes September 15 2005
• Water Supply Pro - Doc Type: Minutes

SECWCD
September 15, 2005
RECORD OF PROCEEDING
2005, dismissing that part of LAWMA's Application involving augmentation of pre -1986 wells
that will remain covered by LAWMA's annual replacement plans. The Order includes terms and
conditions required by the stipulation that LAWMA signed with Southeastern, the Arkansas
Valley Ditch Association (AVDA) and other objectors. The Board was provided a copy of the
Court's Order.
Ms. Joseph said Mr. Hamilton and legal counsel met with LAWMA's attorneys and engineers on
September 9 regarding potential settlement of the LAWMA case. At that meeting, LAWMA
presented a settlement proposal. A summary of the settlement proposal was provided to the
Board members. At this time this is a proposal that is considered confidential and for settlement
negotiation purposes only, and she asked the Board members to not disclose the summary
document to any other parties. Unlike LAWMA's original proposal, the new settlement proposal
bases diversion limitations on an analysis of historical diversions and beneficial consumptive
use. Dick Stenzel explained specifics of LAWMA's revised settlement proposal, and he and Ms.
Joseph discussed the remaining issues that Southeastern will want to see addressed prior to
finalizing any settlement. Ms. Joseph said they would try to negotiate such a settlement for the
Board's review in October.
Ms. Joseph reported the Arkansas Groundwater Users Association's (AGUA) change of water
rights case for the Excelsior Ditch is proceeding rather slowly toward trial before Water Judge
Maes. AGUA recently set the case for a ten -day trial beginning May 7, 2007. AGUA served its
initial disclosures of factual information on August 29, 2005, and Southeastern's disclosures will
be due September 28, 2005. Because of AGUA's late trial date, expert disclosures and other
deadlines for this case will not occur until late in 2006.
AGUA's attorney, Paul Anderson, provided legal counsel with a revised proposed decree in July
that responds to some of the comments Southeastern and AVDA presented at the April 22
settlement meeting. Ms. Joseph understands that Mr. Anderson is still awaiting revised proposed
winter diversion limits from AGUA's engineer, Mark McLean. Given the 2007 trial date, legal
counsel will await those revised proposed winter diversion limits before providing further
comments to AGUA. Ms. Joseph reported legal counsel is currently discussing with other
objectors the possibility of stipulating to a revised case management order, particularly regarding
the deadlines for expert disclosures.
President Stealey recessed the meeting for lunch at 12:05 p.m., and reconvened at 12:52 p.m. Mr.
Bailey was not present for the remainder of the meeting.
LEGAL REPORT CONTINUED:
Lee Miller reported that he participated in the CWCB's rulemaking to revise its rules on RICD's,
and will participate in further discussions on the revisions.
Mr. Miller reported the Colorado River Coalition will meet with State officials on Sept. 23 to
discuss the current Colorado River negotiations among the Basin states. Mr. Miller will attend