My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Southeastern Colorado Water Activity Enterprise Minutes June 17 2004
CWCB
>
Water Supply Protection
>
DayForward
>
5001-6000
>
Southeastern Colorado Water Activity Enterprise Minutes June 17 2004
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
5/30/2013 10:36:56 AM
Creation date
8/14/2012 3:39:24 PM
Metadata
Fields
Template:
Water Supply Protection
Description
Southeastern Colorado Water Activity Enterprise Minutes June 17 2004
State
CO
Date
6/17/2004
Author
Gonzales, Toni
Title
Southeastern Colorado Water Activity Enterprise Minutes June 17 2004
Water Supply Pro - Doc Type
Minutes
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
12
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
SECWCD <br />June 17, 2004 <br />5 <br />RECORD OF PROCEEDING <br />Anderson, told Mr. Leonhardt that AGUA plans to file a Water Court application this month, <br />including a change of the Excelsior Ditch water rights to include augmentation use. If AGUA <br />files the application this month, statements of opposition will need to be filed by the end of <br />August. <br />Mr. Leonhardt reported on the Lower Arkansas Water Management Association ( LAWMA) <br />regarding LAWMA's plans for its pending Water Court application including December ber 2002. <br />The application seeks approval for LAWMA's well augur pan, g laps <br />several irrigation water rights that LAWMA has acquired for augmentation use. LAWMA p <br />to file an amended application, to add a change of LAWMA <br />several 50 percent interest in the Keesee <br />Ditch to the application. (As you may recall, LAWMA recently acquired half of the Keesee <br />Ditch from the Jake Broyles Estate, at which time the Broyles dismissed their long- pending <br />application for change and exchange of the Keesee water to John Martin and Pueblo Reservoir.) <br />Mr. Leonhardt said he would propose stipulating to allow the amendment, if LAWMA <br />recognizes the conditions on which the Broyles case was dismissed. After the time runs for <br />objections to the amended application, LAWMA plans to distribute a proposed decree and <br />engineering report, and then will request meetings with Southeastern and other parties to discuss <br />settlement. <br />Mr. Leonhardt reported several years ago, Southeastern filed a statement of opposition to a 1994 <br />application by Gerald Turner, for changes to a few West Pueblo Ditch shares. The case has <br />remained pending ever since, with virtually no activity. Legal counsel now has received a report <br />from Mr. Turner's attorney that he has reached an agreement to sell his West Pueblo shares to <br />the Board of Water Works of Pueblo (BWWP) in exchange for water service. Accordingly, he is <br />requesting dismissal of his application, without prejudice to BWWP's rights to file for similar <br />changes of the same shares in the future. After consulting with Mr. Hamilton, legal counsel told <br />Mr. Turner's attorney that Southeastern consents to this dismissal. <br />Mr. Miller reported all of the parties approved the multiple -party Pueblo Flow Intergovernmental <br />Agreement (IG") prior to expiration of the 90 -day deadline set by the March 1, IGA between the <br />Cities of Pueblo and Colorado Springs and the Board of Water Works of Pueblo. There were <br />some minor word changes from the version approved by the Board in the final IGA, but the <br />negotiation team age substantively <br />Board's approval, accepted the changes. IGA is currently circulating among the parties for <br />signature, and will be signed by District officials today. <br />In the Trail's End Ranch appeal, Mr. Miller reported the Colorado Supreme Court issued a <br />favorable opinion this week, finding that Trail's End Ranch's rediversion scheme constituted an <br />undecreed change. In addition, the Court maintained existing legal precedent regarding the use <br />of the stream channel as a conveyance for transmountain diversions and stored water, precedent <br />that is utilized for delivery of Fry-Ark water. <br />W. Miller reported last month that a federal district court recently ruled that the U.S. Forest <br />Service violated the Federal Land Policy Management Act (FLPMA) when it issued a special - <br />use permit for Long Draw Reservoir in Northern Colorado without requiring a bypass flow. <br />Legal counsel understands that the United States or other parties may appeal this decision; it has <br />been suggested that some Division 2 water users, including the District, may want to participate <br />in this appeal. Some of the parties to Long Draw case, as well as some of the parties to the <br />Division 2 reserved rights case have approached Mr. Miller about leading an amici group to file <br />a brief in the le Circuit. There were concerns regarding the Forest Service's ability to require <br />bypass flows in Division 2 stymied negotiations to settle the United States reserved rights <br />instream flow case, which were dismissed by the Water Court last year. <br />With regard to the Upper Arkansas District's special use permit requests, W. Miller understands <br />that work is progressing on Environmental Assessments necessary for the Forest Service's <br />consideration of the requests. Consultants for the Upper District are planning field work for this <br />summer for a biological assessment. Resolution of the United States' concern in the District's <br />
The URL can be used to link to this page
Your browser does not support the video tag.