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<br />" <br /> <br />. <br /> <br />3. Rio Grande Silverv Minnow v. Kevs. No. 99 CV 1320. US District Court. District of <br />New Mexico. <br /> <br />Nothing new to report. <br /> <br />4. Southern Ute and Ute Mountain Ute Tribes' Settlement, Case Nos. 7-W-1603-76F & <br />76J. 02-CW-85. & 02-CW-86. <br /> <br />These cases involve conforming the Tribes' water rights, settled through consent decrees in <br />1991, to the final configuration of the Animas-La Plata Project. The state has filed pleadings in <br />support ofthe applications. Citizens' Progressive Alliance is the only active objector. The water <br />judge has ruled on a number oflegal motions, striking or denying many of CPA's legal <br />contentions. Both sides filed motions for summary judgment in September, which are now fully <br />briefed: the judge has promised a decision by the end of January. CPA is now threatening to <br />seek some kind of relief directly from the United States Supreme Court, based on its theory that <br />the Ute Tribes do not have any reserved water rights because of an old Supreme Court decision. <br /> <br />. <br /> <br />5. Black Canvon of the Gunnison National Park Reserved Ri!!hts Case. No. W-437. Water <br />Division 4. <br /> <br />The state water court case remains stayed. The Colorado Supreme Court issued its opinion <br />on our petition for review of the water court's stay order on November 8, refusing to lift the <br />water court's stay. That means we will have to await resolution of the environmental objectors' <br />federal action before quantification can proceed in state water court. In the federal action, the <br />federal district court judge denied the United States' motion to dismiss, which we hadjoined. <br />The United States has produced the administrative record, which is 14,000 pages long. The <br />magistrate judge denied the environmental plaintiffs' motions for additional discovery, meaning <br />the case will be decided on the administrative record. <br /> <br />6. CWCR ISF Application on Gunnison River throul!h the Black Canyon (Case No. <br />03CW265). <br /> <br />Nothing new to report. <br /> <br />7. Trout Unlimited v. Department of Al!riculture/Okanol!an County v. National Marine <br />Fisheries Service. <br /> <br />Last spring, the federal district court for Colorado ruled against the Forest Service, Colorado, <br />Greeley and Water Supply & Storage Co. in this case. The case arose from Trout Unlimited's <br />challenge to the FS decision not to impose bypass flows on Long Draw Reservoir, located at the <br />headwaters of the Cache la Poudre River. On cross motions for summary judgment, the judge <br />ruled against TO on most of its challenges, but nevertheless found that the FS decision to allow <br />1.2 miles of stream to be dewatered was arbitrary and capricious and a violation of the Federal <br />Land Policy and Management Act (FLPMA). We had joined with the water users in arguing that <br />the FS could not impose bypass flows under FLPMA, because of the potential for disruption of <br />hundreds of water diversion and storage structures located on national forest lands. in <br />conjunction with Greeley and Water Supply and Storage Company, we filed a notice of appeal <br />on August 18th. Shortly afterward, the Forest Service and then Trout Unlimited also filed <br />. appeals, which were consolidated for briefing. The United States decided to withdraw its appeal <br /> <br />2 <br />