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SECWCD <br />September 15, 2005 <br />9 <br />RECORD OF PROCEEDING <br />this meeting for the District. Jim Lochhead advises that the discussion will focus on the various <br />elements of the letter as set forth by the states. A copy of this letter was provided to the Board. <br />In addition, CWCB's Randy Seaholm will have some modeling information to share on the <br />Powell/Mead conjunctive management issues. The next Basin states meeting will be on Sept. 27, <br />so this meeting will be timely. <br />Mr. Miller reported Scott Clark and he have worked with Jim Broderick to prepare comments on <br />proposed amendments to Pueblo County's 1041 Regulations regarding water projects. The <br />amendments modify sections of the regulations regarding the local regulation of site selection <br />and construction of major new domestic water and sewage treatment systems and major <br />extension of existing systems and add a whole new chapter regarding the efficient utilization of <br />municipal and industrial water projects. Pueblo County held a hearing on Wednesday, <br />September 14 to "review and consider final action" on the amendments. Mr. Broderick provided <br />the comments at this hearing. Mr. Broderick reported the concern about overlapping jurisdiction <br />and the one year permit time limitation. He said the Board members will be provided all <br />comments and be kept informed. Steve Harrison from the Pueblo West Metropolitan District <br />commented if something cannot be worked out with Pueblo County, they will need to fight for a <br />solution. <br />Mr. Miller reported the District received a "Petition for Inclusion of Property" from Madison <br />Orchards, LLC. The property in question is located to the east of Security, CO, and is adjacent <br />to the District's original boundaries. Mr. Miller and Bernie Gehris have been reviewing District <br />and state statutory procedures for handling such a request, and have been discussing the issues <br />raised by this review with Mr. Hamilton and Mr. Broderick. Legal counsel will continue to work <br />with staff on procedures for handling this petition and will provide updates on our efforts to the <br />Board. <br />Mr. Miller reported Mr. Hamilton and legal counsel reviewed amended applications that West <br />Divide Water Conservancy District (West Divide) recently filed in Case Nos. 02CW123 and <br />Case No. 02CW281, Water Division 5, along with the stipulations that West Divide previously <br />entered into with Southeastern in these cases. The stipulations require certain language that must <br />appear in any decrees for these two cases, require that counsel for West Divide provide copies of <br />proposed decrees submitted to the Referee or the Water Court, and provide for intervention by <br />Southeastern if the terms of the stipulations are not met. West Divide's attorney asked District <br />legal counsel to sign new stipulations on the amended applications. However, legal counsel and <br />Mr. Hamilton determined that West Divide's amended applications in these two cases do not <br />require any changes to the stipulated terms and conditions agreed to by West Divide. Legal <br />counsel sent a letter to West Divide's counsel requesting that West Divide acknowledge that the <br />two previously executed stipulations continue in full force and effect as to the applications as <br />amended. Mr. Miller reported that West Divide's attorney notified legal counsel yesterday that <br />he intends to sign the acknowledgement. <br />