BOARD00306

• Board Meeting Date: 7/26/1999
• Description: Union Park Status Report
• Board Meetings - Doc Type: Memo

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ARAPAHOE COUNTY COLORADO
BOARD OF COUNTY COMMISSIONERS
5334 South Prince Street. Littleton, Colorado 80166-0001
Phone [phone] . FAX [phone]
http://www.co.arapahoe.co.us

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July 23, 1999

Colorado Water Conservation
Board Members
1313 Sherman Street, Suite 721
Denver, CO 80203

Re: Union Park Reservoir Park Litigation

Dear Board Members:

Arapahoe County is the proponent of the Union Park Reservoir Project in the Gunnison River
basin. It is my understanding that a discussion regarding the Union Park litigation has been
scheduled for executive session at your next Board meeting. As you are likely aware, this case
involves important federal issues concerning the use of the state's apportionment under the
Colorado River Compact. I cannot attend the meeting personally, but I would like to submit
these comments for your consideration.

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The southern metro areas needs a feasible replenishment water source, Its reliance on non-
tributary groundwater cannot continue for its current citizens or for future growth. The Union
Park Reservoir Project would provide such a source without affecting existing uses on the West
Slope. I have attached a brief fact sheet for the Project for your review.

1. Status of Opposition bv the State of Colorado.

Arapahoe County reached a stipulation with CWCB in 1991, under which CWCB withdrew its
Statement of Opposition in the Union Park litigation. Arapahoe County also settled with the
Colorado Division of Wildlife and the State Board of Land Commissioners in this litigation. In
fact, no state agency participated in this first trial.

It was only in 1996 after the Colorado Supreme Court reversed the Water Court's adverse ruling
for Arapahoe County, that the State, through the Director of the Department of Natural
Resources, the Attorney's General's Office, and the State Engineer, actively participated in
Water Court on the federal issues in this case. We know that CWCB has been briefed on a
relatively regular basis by the Attorney General's Office. However, we believe that it is
important for you to hear both sides of the issues in this case.

2, Union Park Reservoir Proiect Litigation.

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This case is important to the entire state and its ability to use its apportionment under the
Colorado River Compact. The State has taken legal positions, which we believe are contrary to
the Compact and the Colorado River Storage Project Act ("CRSP A").

Steve Ward
District No. 1

John Brackney
District No. 2

Mnrie Mackenzie
District No.3

Polly Page
District No.4

Debra A. Vickrey
District No.5