04SA44 Motion for Leave to File Amici Curiae Brief

Home Browse Search

portion of the present City is not yet developed and additional lands may be annexed to the City. Accordingly, it is reasonable to conclude the Aurora water service population will grow. In order to maintain the high level of quality and dependability that Aurora's water service customers deserve, Aurora must be flexible and creative in the operation and expansion of its water supply system, as well as in the reuse of its existing supplies. Aurora's water system currently derives water from the Colorado, Arkansas and South Platte River basins. Additionally, Aurora operates numerous decreed exchanges throughout its system, and anticipates operating additional exchanges in the future, many of which are presently on file with various Water Courts. These exchanges greatly enhance Aurora's operational flexibility and assist in reuse and conservation of its water supplies. Proliferation of recreational water rights that command the entire flow of a river could seriously impede Aurora's ability to operate exchanges, impair the maximum utilization of exiting water supplies and prevent the City from keeping up with its growing demand for water service. The amici, working in cooperation with agencies of the state of Colorado, have each participated in the development and implementation of water resource development plans and projects designed to utilize waters to which the state of Colorado is equitably entitled. Each of the amici has sought to recognize the need to correlate the activities of mankind with some reasonable preservation of the natural environment in a manner consistent with the Colorado constitution and state law. Each of the amici has sought to safeguard waters to which Colorado is equitably entitled so that water can be conserved, used, and developed through management activities, including storage, exchange and changes in use. The Water Judge's failure in this case 7