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<br />Page 6 <br /> <br />l <br /> <br />project to support the Tribes' wishes, but I'm sorry to report that so far my efforts have <br />not borne fruit. <br /> <br />~' <br /> <br />. <br /> <br />10. Union Park, Colorado Supreme Court <br /> <br />Issue: Did the water court correctly determine the amount of water available for <br />appropriation of water rights for the Union Park Reservoir Project? <br /> <br />Decision: <br /> <br />Pending <br /> <br />Discussion: This case was argued before the Colorado Supreme Court on March I, 2000. <br />Steve Sims presented the argument on behalf of the State and the other objectors. We are <br />still awaiting the decision. <br /> <br />11. Sportsman's Ranch ("SCUP" South Park Conjunctive Use Project), 96CW14, Division <br /> <br />Issue: Does an applicant for an underground storage right need to get the consent from <br />surface owners before storing water under the property of ilie surface owner? <br /> <br />Decision: The water court held that "ownership of or right of access to a water storage site <br />are elements to be considered in a determination of whether a storage project will be completed, <br />but applicant need not establish an unrestricted right of access to the South Park formation and .. <br />absent a showing that applicant possesses no prospective ability to complete the storage project .. <br />in a reasonable amount of time, the court must grant the conditional right." (citations omitted). <br /> <br />Discussion: The Board has three instream flow water right appropriations on Michigan Creek, <br />Jefferson Creek, and Tarryall Creek, that could be affected by these applications. The State <br />Engineer and the Division of Wildlife are also objectors in this case. The proposed South Park <br />Conjunctive Use Project facilities are located in South Park Colorado in Water Division No.1. <br />All of the potentially affected water rights are in the South Platte River drainage. The Project <br />proposes the removal of 110,000 acre-feet from the Upper and Lower South Park aquifers. The <br />removal of this water is necessary so that sufficient storage space is available to allow water <br />from the recharge facilities to infiltrate into the South Park aquifers. The Project includes a <br />surface water collection system that intercepts a number of tributaries to the South Platte River. <br />South Park Sportsmen's Ranch proposes to divert water from these sources to recharge ponds <br />and ditches located on the Applicant's ranch and BLM property located near the ranch. The <br />Applicant claims a storage capacity of 140,000 acre-feet (70,000 acre-feet in the Upper South <br />Park Aquifer and 70,000 acre-feet in the Lower South Park Aquifer). The Applicant then <br />proposes to withdraw water from the underground storage system through 47 wells for ultimate <br />delivery to Aurora. <br /> <br />Case No. 96CWl4 is set for an eight-week trial in Fairplay, Colorado. The trial is set to begin on <br />July 10, 2000. The Applicant claims a storage right in the underground South Park aquifers. <br />This storage right would be located in an underground aquifer that is approximately 112 square _ <br />miles in area, and underneath lands not owned by the Applicant. The Colorado State Land Board .. <br />