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Serving Bent, Crowley, Otero, Prowers and Pueblo counties <br /> Lower Arkansas Valleji WATER CONSERVANCY DISTRICT <br /> Septe mber 11, 2006 <br /> Rod Kuharich, Director <br /> Colorado Water Conservation Board <br /> 1313 Sherman Street, Room 721 <br /> Denver, Colorado 80203 <br /> Re: AGRICULTURAL EMERGENCY DROUGHT GRANT APPLICATION <br /> Dear Rod: <br /> 1. The Lower Arkansas Valley Water Conservancy("LAVWCD") is requesting an <br /> agricultural emergency drought grant of$43,840.10 to pay for water to replace <br /> Colorado's stateline obligations pursuant to Kansas v. Colorado. <br /> 2. The primary contact for this Application is Peter D.Nichols, Esq., Trout, Raley, <br /> Montano, Witwer&Freeman, P.C., 1120 Lincoln Street, Suite 1600, Denver, CO <br /> • 80203; Tel: 303-339-5825; e-mail: pnichols @troutlaw.com. Mr.Nichols is Special <br /> Counsel to the LAVWCD. <br /> 3. The purpose of the grant is to reimburse the LAVWCD for its costs to acquire water <br /> to meet Colorado's obligation to Kansas for drought-related unreplaced stateline <br /> depletions due Kansas under Kansas v. Colorado. The LAVWCD leased 4,696 acre- <br /> feet from the Pueblo Board of Water Works that it has made available to the State for <br /> this purpose. Steve Witte, Division Engineer,reports that all 4,696 acre-feet have <br /> been delivered to Kansas. <br /> 4. Copies of official federal and state drought declarations for the affected counties <br /> (Bent, Crowley,Pueblo,Prowers, and Otero Counties) were provided with the <br /> LAVWCD's 2005 drought application,which you should have in your files. These <br /> declarations cover the Lower Arkansas River for the period 2000 to 2004,the period <br /> during which Colorado incurred its current delivery-obligation. All of the water <br /> Colorado currently owes Kansas is a result of drought in counties under federal or <br /> state drought declarations. Mr. Witte has confirmed this. <br /> 5. Attached is a line-item budget showing all projected and actual expenditures. <br /> 6. A copy of the LAVWCD's current annual budget, annual report and financial <br /> statement is enclosed. <br /> 1111 <br />