BOARD00351

• Board Meeting Date: 7/23/2002
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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KEN SALAZAR
Attorney General

CHRISTINE M. ARGUELLO
Chief Deputy Attorney General

ALAN J. GILBERT
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW

STATE SERVICES BUILDING
1525 Sherman Street - 5th Floor
Denverf Colorado 80203
Phone [phone]
FAX [phone]

OFFICE OF THE ATTORNEY GENERAL

July 23, 2002

MEMORANDUM

TO: Colorado Water Conservation Board

FROM: Ken Salazar
Attorney General

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RE:

Felicity Hannay
Deputy Attorney General

Report of the Attorney General!

1. Quantification of reserved water ri2hts for BlacI~ Canvon of the Gunnison National
Park,

On March 8th, a group of the major objectors, including the CWCB, presented the United
States with the conditions we would require for agreeing to a stay of proceedings, as the U.S. had
requested. The purpose of such a stay would be to engage in settlement negotiations. Dave
Gehlert, the DOJ attorney handling the case, told John McClow that the United States was
reviewing the application, the various federal entities would meet to discuss it in early June, anq .
he (Gehlert) would respond to us by mid-June. Last month, Gehlert told John McClow that the
U.S. has not yet been able to agree on its position. John then filed a motion to rerefer the case
to Judge Patrick. This case is on the agenda for executive session to discuss litigation
strategy,

2. Forest Service Reserved Ril!:hts Cases. Case Nos. 81-CW-220 et al.. Water Division 2,

In late December of2001, after extensive consultation with many of the objectors in these
cases Wendy Weiss prepared and sent to the U.S. Forest Service a letter, joined in by a number
of the other objectors, listing the conditions the objectors would require in order to agree to a

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I Text concerning previonsly reported matters will usually contain only information on recent developments rather
than repeating background information. Material to which we wish to call special attention appears in bold italics,
and any entirely new matters are specifically identified as [NEW].