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STATE OF COLORADO <br /> Colorado Water Conservation Board .sOtC0NgF4o <br /> Department of Natural Resources <br /> 1313 Sherman Street,Room 721 9 t� <br /> Denver,Colorado 80203 c * t <br /> Phone:(303)866-3441 <br /> Fax:(303)866-4474 • /87e <br /> • <br /> www.cwcb.state.co.us 1931 • <br /> John W.Hickenlooper <br /> Governor <br /> TO: Susan J. Schneider <br /> Mike King <br /> First Assistant Attorney General DNR Executive Director <br /> / Jennifer L.Gimbel <br /> FROM: Jennifer L. Gimbe vvvlle-Y CWCB Director <br /> Director, Colora•• ater f onservation Board <br /> DATE: February 11, 2011 <br /> SUBJECT: Request for Legal Services <br /> Case No. 1-10CW299: Application of the City of Longmont <br /> Please have your staff prepare a Statement of Opposition on behalf of the Board in Case No. 1- <br /> 10CW299. A review of the facts in this Recreational In-Channel Diversion ("RICD") <br /> application for finding of reasonable diligence indicates that the Colorado Water Conservation <br /> Board ("CWCB") does not hold decrees for instream flow ("ISF") water rights on the St. Vrain <br /> River that may be injured by this application. However, this RICD application may affect <br /> Colorado's ability to utilize waters of the state. Therefore, the CWCB requests that the Office of <br /> the Attorney General file a Statement of Opposition. The main concern that should be addressed <br /> in the Statement of Opposition is as follows: <br /> • The CWCB is concerned whether the Applicant has properly performed its due diligence for <br /> its conditional RICD decreed in Case No. 1-01CW275. Improper due diligence performed on <br /> this RICD may affect Colorado's ability promote maximum utilization of the waters of the <br /> State. <br /> This Statement of Opposition must be filed with the Division 1 Water Court by February 28, <br /> 2011. <br /> Water Supply Protection•Watershed Protection&Flood Mitigation•Stream&Lake Protection•Water Supply Planning&Finance <br /> Water Conservation&Drought Planning•Intrastate Water Management&Development <br />