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Salazar hoping Kansas will negotiate on water lawsuit <br />t <br />The Pueblo Chieftain Online <br />Select file then print to print this article. <br />Publish Date Tuesday July 31, 2001 <br />http://www.chieftain.com/print.php3?story--8 <br />Salazar hoping Kansas will negotiate on water lawsuit <br />By MARY JEAN PORTER <br />The Pueblo Chieftain <br />Colorado Attorney General Ken Salazar said Monday he hopes to do more negotiating with Kansas <br />before the Kansas - Colorado water case goes back to trial early in 2002. <br />Salazar told board members of the Southeastern Colorado Water Conservancy District that before the <br />state writes a check for $22 million to Kansas, he hopes some issues can be resolved. <br />In June, the U.S. Supreme Court ruled that Colorado must pay Kansas approximately $22 million to end <br />the damage phase of the long - running Arkansas River Compact case. Kansas filed the lawsuit in 1985, <br />charging that Colorado, through unrestricted well pumping in the Lower Arkansas Valley, had depleted <br />the water to which Kansas is entitled under the compact. Kansas originally sought more than $300 <br />million in damages. <br />Salazar said the $22 million is a significant amount of money, but is minor when looking at the big <br />picture. <br />"The real issue is to be sure we are in compliance with the compact, and how to avoid problems in the <br />future. Is the model Kansas has developed (to measure depletions) doing an accurate job? Our belief is <br />Kansas is trying to exaggerate depletions greater than in the past. <br />"It could take another four or five or six years to get a Supreme Court ruling on whether this model <br />accurately measures depletions. If Kansas is willing, maybe we can sit down at the table to see if we can <br />resolve this without litigation. I'm somewhat optimistic because the Kansas attorney general has <br />indicated some willingness to meet. <br />"Over the last six months, I've been working with Gov. (Bill) Owens and Greg Walcher (head of the <br />Colorado Department of Natural Resources) to see if we can resolve this without further litigation." <br />Salazar said he expects a phone call later this week from Kansas' attorney general to "see if we can get <br />going on these meetings." <br />Salazar said Kansas also may be trying to show that Southeastern Colorado's winter water storage <br />program has caused additional depletion to Kansas' entitlement under the compact - even though Special <br />Master Arthur Littleworth has said he won't consider the winter storage issue. <br />And Salazar said Kansas is pressing for a river master, a neutral party who would monitor river dealings <br />to be sure both states are in compliance with the compact. <br />Salazar said Colorado will continue to be aggressive about litigating the case and will prepare for the <br />next phase of the trial. In the meantime, if Kansas consents, Colorado will continue to negotiate. <br />"Both Kansas and Colorado are ready to fight, but both sides are tired of fighting." <br />1 of 2 7/31/01 3:10 PM <br />