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04SA44 Motion for Leave to File Amici Curiae Brief
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04SA44 Motion for Leave to File Amici Curiae Brief
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Motion for leave to file amici curiae brief from Rio Grande Water Conservation district regarding the Upper Gunnison River Water Conservancy District's RICD Case No. 02CW038
State
CO
Basin
Gunnison
Water Division
4
Date
7/26/2004
Author
Rio Grande Water Conservancy District
Title
04SA44 Motion for Leave to File Amici Curiae Brief
Water Supply Pro - Doc Type
Court Documents
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District has the authority, among other powers, "to perform all acts and things necessary or <br />advisable to secure and insure an adequate supply of water, present and future, for irrigation, <br />mining, manufacturing, and domestic purposes within [the] district." § 37- 47- 107(1)(c), 10 <br />C.R.S. (2003). The Southwestern District is one of the sponsors of various U.S. Bureau of <br />Reclamation projects, including the Dolores and the Animas -La Plata Projects which permit <br />Colorado to enjoy the beneficial use of its compact - apportioned share of the Colorado River. <br />See, e.g., Animas -La Plata Project Compact, codified at § 37 -64 -101, 10 C.R.S. (2001). In <br />accordance with its statutory powers, the Southwestern District seeks to safeguard for Colorado <br />the waters of the San Juan and Dolores rivers and their tributaries in Southwest Colorado to <br />which the state of Colorado is equitably entitled. <br />The City and County of Denver, acting by and through its Board of Water <br />Commissioners ( "Water Board ") is a municipal corporation and political subdivision of the State <br />of Colorado, created in 1918 by an amendment to the charter of the City and County of Denver. <br />The Water Board has all the powers "granted by the Constitution and by the law of the State of <br />Colorado...in regard to ... operating a water works system...." Denver Charter, Article X. The <br />Water Board is authorized to operate a water works system, both inside and outside Denver, by <br />Section 1 of Article XX of the Colorado Constitution and by C.R.S. 31- 35- 402(1)(b). See <br />Bennett Bear Creek Farm Water and Sanitation District v. Denver, 928 P.2d 1254 (Colo. 1996). <br />The Water Board provides the sole source of municipal water supply to over a million people. In <br />order to maintain the high level of quality and dependability that the Water Board's customers <br />deserve, the Water Board needs certainty as well as flexibility in the operation of its system. The <br />Water Board operates numerous exchanges throughout its system and makes new appropriations <br />LI <br />
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