Laserfiche WebLink
DRAFT - 9/26/01 <br />SECWCD - AURORA 1GA <br />Congress, then Aurora may request to amend the applications in Case Nos. 99CW169 <br />and 99CW170 to provide for use of other alternate points of diversion and exchange <br />facilities in lieu of Pueblo Reservoir, and Southeastern shall consent to such a request for <br />leave to amend, reserving the right to seek any terms and conditions necessary to avoid <br />injury therefrom. <br />4. Aurora and Southeastern understand that certain other entities, as an <br />adjunct to litigation in Water Division 2, Case Nos. 99CW169 and 99CW170, may seek <br />to reopen Case Nos. 83CW18 and/or 87CW67 under retained jurisdiction provisions of <br />the latter cases to litigate allegations revolving around the continuing call of the Rocky <br />Ford Ditch and /or water flowing through the Rocky Ford Ditch. Southeastern agrees that <br />. it will not seek to re -open Case Nos. 83CW18 and 87CW67 for such reasons and would <br />restrict its participation in any proceedings resulting from such invocation of retained <br />jurisdiction provisions to protection of its own interests and those of its constituents <br />generally. Southeastern reserves the right to protect its own interests and those of its <br />constituents generally in any retained jurisdiction proceedings, whether initiated by <br />Southeastern or by other parties. <br />5. Aurora agrees that it will pay to the Otero County Treasurer and/or other <br />appropriate taxing entities a total amount not less than the annual difference between tax <br />assessments for land currently irrigated with water rights that are the subject of Case No. <br />99CW169, and the tax assessments for the same land after the cessation of irrigation, for <br />a period of 90 years. ** issuer gr-ee <br />22 <br />