BOARD00523

• Board Meeting Date: 1/22/2003
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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Cheyenne and Wyoming of the Upper Colorado River Compact. The Colorado investigators
prepared a report, which we expect will have been provided to Wyoming and released to the
public before this meeting of the Board. The CWCB members may want to discuss this report
with counsel during executive session.

8. Southern Ute and Ute Mountain Ute Tribes' Settlement, Case Nos. 7-W-1603-76F &
76J, 02-CW-85, & 01-CW-86.

US DOJ filed the necessary motions to amend and applications for change of water rights in
September 2002. A change of water right application was needed because the Ute Mountain Ute
Tribe's M&I use increased when the irrigation use was dropped from the modified Animas-La
Plata Project. The state has filed pleadings in support of the applications. Citizens' Progressive
Alliance is the only real objector. A water court status conference isscheduled for January 24.

. 9. South Platte Rules and Re!:ulations.

Oral argument on the legal authority of the State Engineer to approve replacement plans
under the Amended Rules took place December 10. Water Judge Hays ruled on December 20
that the rules were invalid because the State Engineer lacked authority to promulgate them. The
State Engineer's notice of appeal was filed December 31, and our motion to expedite the appeal
was granted - our opening brief is due to the Colorado Supreme Court on January 28.

In the meantime, under the leadership of Senator Dave Owen, Representative Diane Hoppe,
and Attorney General Ken Salazar a multi-interest committee has convened and is meeting
virtually every day to try to develop a consensus solution to the conflict between junior wells and
senior surface right and municipal users on the South Platte. Stay tuned.

10. Kansas v. Nebraska and Colorado, United States Supreme Court, No. 126, Ori!:inal.

All three States and the United States signed off on the settlement agreement. The Special
Master held a hearing on the agreement January 6 in Denver. At the hearing, the Special Master
said he would recommend to the U.S. Supreme Court that they accept the agreement. The
Special Master supplied a draft Master's Report to the States on January 17 for their review and
comment. We expect the Special Master to issue his final Report in mid-February.

11. Black Canyon ofthe Gunnison National Park Reserved Ri!:hts Case, No. W-437, Water
Division 4. [NEW since last report]

Negotiations are continuing. The National Park Service has offered a stipulation, intended to
encourage pro se objectors to withdraw their statements of opposition, that subordinates its water
right to decreed water rights senior to the Aspinall Unit and to the 60,000 acre-feet of in-basin
uses covered by the Aspinall Subordination Agreement. Several pro se objectors have signed
this stipulation. Meanwhile, counsel for the objectors are continuing to work together to develop
.conditioIls to resolve the case in its entirety. The Board may wish to discuss the status of
negotiations in more detail with counsel in executive session.