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<br />, <br /> <br />, <br /> <br />Upper Gunnison River Water Conservancy District <br /> <br />Mr. Dan McAuliffe <br />March 17, 2000 <br />Page 2 <br /> <br />both at trial and on appeal. Thus, whether Union Park can offer any benefits to <br />anyone remair:s to be seen, but in any event the case should run its course and <br />the Taylor Park Reservoir issues therein should be determined according to <br />Colorado water law, not Dave Miller's law. <br /> <br />The transfer of the Refill Decree to the United States was completed in 1993, <br />pursuant to a 1990 agreement between the Upper Gunnison River Water <br />Conservancy District, Colorado River Water Conservation District, Uncompahgre <br />Valley Water Users Association and the United States, Neither the agreement nor <br />the transfer was secret or recent, and the assignment is consistent with ordinary <br />practice for water rights in federal projects. (Taylor Park Reservoir is part of the <br />Uncompahgre Project, built by the Bureau of Reclamation.) <br /> <br />Finally, I am unaware of any authority under which the CWCB may "evaluate" <br />existing water rights, or under which the Board may "take aggressive action to <br />reverse" a water right affirmed by the Colorado Supreme Court many years ago, <br />as requested by Mr. Miller. The March 9 letter is yet another of Mr. Miller's <br />attempts to utilize innuendo and hyperbole to make collateral attacks on decisions <br />of the water court and supreme court when the evidence in support of his tenuous <br />arguments has repeatedly failed to persuade those courts. In addition, CWCB <br />staff has previously evaluated in detail a very similar letter from Mr. Miller in <br />which he makes nearly identical arguments, and found it to be an act of <br />desperation, laced with innuendo and often "distorted to the point that it is not <br />worth further comment". (See the attached copy of a CWCB staff rnemorandum <br />dated October 29, 1993.) The extensive analysis contained in the 1993 staff <br />memorandurn makes it clear that Mr. Miller should not now be encouraged by the <br />Board to continue his 14 year effort to substitute his own judgment for that of the <br />Colorado courts. <br /> <br />1 urge the Board to emphatically deny Mr. Miller's request, and to advise him with <br />equal emphasis that further entreaties of this nature will not be entertained. <br /> <br />Sincerely, <br /> <br /> <br />cd/L." . <br /> <br />Kathleen C. Klein, Manager <br /> <br />Enclosure: October 29, 1993 Memorandum. <br />