BOARD00421

• Board Meeting Date: 7/25/2006
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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2. Kansas v, Colorado, United States Supreme Court, No. 105. OrhdnaI.

Special Master Arthur Littleworth issued an "Additional Order Regarding an Award of .
Costs" on April 17, 2006. Significantly, he agreed with Colorado that Kansas' expert
witness fees are limited to $40 per day. He also agreed that Kansas' proposed 25% reduction
factor (to account for extra costs caused by the disruption in the liability phase of Kansas'
case and Kansas' replacement case) is too low, and that it should also reduce reporter and
Special Master costs, not just expert witness costs. He also agreed that only a portion, rather
than all, of Kansas' share of the Special Masters' fees and expenses should be reallocated to
Colorado. We reached a final agreement on these remaining cost issues and transmitted
funds to Kansas in late June. Kansas has acknowledged receipt of those funds
The Special Master held a conference call with the States on May I. He asked the States
to confer on a schedule to finalize the Judgment and Decree, including the Appendices, and
to resolve any remaining issues. On May 4, the States agreed to a proposed schedule - each
State will submit a final Iudgment and Decree on June 16, and the U.S. Solicitor General's
Office and each State will exchange their comments and responses by August 18.
Finally, the engineers from the two states continue to discuss problems that arose from
the updated calibration of the model for 1997-2004 - which resulted in additional depletions
for Colorado. Colorado proposcs specific changes to the observed diversion records in order
to remedy inappropriate changes in the model results. The States recently extended until
August 15,2006 the time for their experts to work to resolve the disputed issues.

3. Southern Ute and Ute Mountain Ute Tribes' Settlement. Case Nos. 7-W-1603-76F & .'
76J. 02-CW-85. & 02-CW-86.

Trial was held in case 01 CWS4 (the diligence case) March 17-20,2006. The settlement
parties produced voluminous evidence of the Southwestern District's diligence on the A-LP
conditional water rights from 1995-2001. The Court has not yet ruled.
Trial in the remaining cases, i.e., the tribal change applications and modification of the
consent decrees, is scheduled for August 7-12, 2006.

4. Black Canvon of the Gunnison National Park Reserved Riehts Case, No. W-437,
Water Division 4,

The state water court case remains stayed, awaiting resolution of the environmental
objectors' federal action before quantification can proceed. The oral argument before Judge
Brimmer in federal court took place June 291h. This argument addressed the judicial review
ofthe U.S.'s actions on the Black Canyon reserved right quantification and the agreements
reached with the CWCB. Judge Brimmer has not yet issued ruled.

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