BOARD00220

• Board Meeting Date: 9/22/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Navajo Nation vs. Department ofInterior, Norton et al: On March 14, 2003 the Navajo Nation filed
an action in the United states District Court for the District of Arizona alleging that Interior in its
management of the Lower Colorado River failed to consid.er the water rights of the Navajo Nation or to
protect the interests ofthe Navajo Nation. In its action, the Navajo Nation is seeking relieffor the breach .
of fiduciary trust responsibility in: (1) implementation of the Interim Surplus Guidelines; (2) adoption of
the FEIR Implementation Agreement, Inadvertent Ove~ and Payback Policy and Related Federal
Actions; (3) implementation of the Interstate Water Bankil'1g Regulations; (4) refusing to contract for
delivery of CAP water to the Navajo Nation; and (5) failin'g to provide Colorado River water to meet the
needs of the Navajo people. The action also alleges violatIon ofNEP A and AP A requirements. In
response to this action, the states of Arizona, and Nevada and water agencies in both states filed motions
to Intervene. On June 13th, Interior and the Navajo Tribe filed ajoint motion requesting approval of a
joint stipulation. In the joint stipulation Interior agrees to appoint a federal team to negotiate the water
right claims ofthe Navajo's in the Lower Basin and both parties agree to stay the litigation while the
settlement discussions are in progress. The Navajo's also stipulated to Arizona's intervention. The
Central Arizona Water Conservation District intends to oppose the stipulation and seeks the courts
consideration ofits motion to intervene.

San Juan River Recovery Implementation Program: The Coordination Committee adopted the draft
2004 Annual Budget and Work Plan. The Coordination CQmmittee wants the Biology Committee to
report on the appropriateness of the maintenance versus repovery flows. The Hydrology Committee
reported that it was recommending that extreme hydrologic conditions be extended in 2004.

YampaIWhite River Basin

Little Snake River Compact Investigation: in response! to the Three Forks Ranch Corporation lawsuit
against the City of Cheyenne and the State of Wyoming, the CWCB, the Colorado Attorney General and .
the Colorado Division of Water Resources undertook a joint investigation into those allegations. The
results of this investigation were made public on January;29, 2003. On January 10, 2003 a hearing was
held in Colorado District Court before Judge Daniel. Judge Daniel issued his opinion in this case on
February 28,2003. He granted Wyoming's Rule 12(b) and 19 motions to dismiss. He also granted the
City of Cheyenne's motion to dismiss pursuant to 12(b)(2), (3), (6) and (7). He denied the remaining
motions as moot and ordered that the entire case be dismissed with prejudice. We received notice June
21,2003 that the case has been appealed. On September 10, 2003 the States of Colorado, Utah and New
Mexico filed an Amicus Brief in support of Wyoming's Response Brief and suggesting the 10th Circuit
Court of Appeals affirm the District Court's decision. Th~ AG may provide additional information on the
appeal at the Board meeting. '

Yampa River Management Plan Published, Meetings tq be Held: "A Management Plan for
Endangered Fishes in the Yampa River Basin" is now available online at
htto://www.r6.fWs.gov/crrip/vamoa.htm. An Environmental Assessment (EA) is included in the document
immediately following the management plan.

Public meetings were held in the Basin to discuss the plan on Aug. 11, 12 and 13.

In the meantime, we are meeting with CRWCD officials to. discuss financing the enlargement ofElkhead
Reservoir, a key component of the plan.

Agency News

Weather Modification Decision Item approved: Our request to propose a spending authority increase
(from $7,200 to $25,000) to allow us to collect more weather modification fees was approved by the .
Office of State Planning and Budget. This will allow the p~oposal to now be reviewed by the Joint Budget
Committee.

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