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N Y-12-2005 THU 12:35 PM TROUT WITWER & FREEMAN FAX NO, 3038324465 P. 02 <br /> BEST COPY ��-fl%/(' 5', <br /> Sermng Bent, Crawley, Otero, Provers and Pueblo counties <br /> LowerArkansas Valk WATER CONSERVANCY DISTRICT <br /> } •' g f i irk `, <br /> April 26,2005 <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 Mr.Kuharich: <br /> 1. The Lower Arkansas Valley Water Conservancy District("LAVWCD")is requesting <br /> an agricultural emergency drought grant in the amount of$149,514.14 to pay for <br /> water to replace 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 /> MontaBo, Witwer&Freeman,P.C., 1120 Lincoln Street, Suite 1600,Denver, CO <br /> 80203; Tel: 303-339-5825; e-mail: pnichols@troutlaw.com. <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=replaced stateline <br /> depletions due Kansas under Kansas v. Colorado. Steve Witte,Division Engineer, <br /> currently(April 25, 2005) estimates Colorado's obligation at 6,824 acre-feet from <br /> 1997 through 2004 using the court-approved H-I Model. According to Mr.Witte, <br /> runs of the H-I Model for the pre-drought period 1997-1999 showed an accretion to <br /> usable stateline flows, that is, Colorado had a credit of 3,074 acre-feet going into the <br /> drought that began in 2000. Similarly, recent model runs have projected a declining <br /> Colorado replacement obligation as the area emerges from the 2000 to 2004 drought, <br /> and also from recent deliveries of replacement water by groundwater users, such as <br /> LAWMA. <br /> To date,2,000 acre-feet from the Pueblo Board of Water Works have been booked <br /> into John Martin Reservoir for this purpose. Water from Twin Lakes,Colorado <br /> Canal/Lake Meredith,the Larkspur Ditch, and additional water leased from the <br /> Pueblo Board of Water Works will be delivered by the LAVWCD pursuant to orders <br /> from the Division Engineer. See enclosed letter from Steve Witte dated April 25, <br /> 2005. <br /> Appendix 1 to Contract C150212 <br />