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BOARD00563
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Last modified
8/16/2009 2:51:58 PM
Creation date
10/4/2006 6:40:38 AM
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Board Meetings
Board Meeting Date
3/22/2005
Description
Report of the Attorney General
Board Meetings - Doc Type
Memo
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<br />.., <br />, <br /> <br />" <br /> <br />discuss and resolve most of the disputed issues that remain before he will enter a final <br />decree, although it is not his intention to take additional evidence to decide those issues (as <br />Kansas had suggested). The Special Master made it clear that he thinks the Supreme Court <br />wants disputes resolved through negotiation or arbitration. Furthermore, he is not going to <br />allow issues to drag on until the end of the first 10- year compliance period in 2007, but <br />intends to get as many issues resolved as possible prior to the entry of a final decree so that it <br />will be less likely that either State will seek to invoke the retained jurisdiction of the <br />Supreme Court. The case is now back before the Special Master for entry of a final decree. <br />Kansas has also provided us with an update ofihe damages uwed: $33,787,906 at the <br />beginning of this year, rising to $35,538,338 by the beginning of2006 if we do not pay it off <br />before then. Our experts have checked out the amounts and haven't found a basis to dispute <br />them. <br /> <br />. <br /> <br />3. Rio Grande Silvery 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 <br />in 1991, to the final configuration of the Anirnas-La Plata Project. The state has filed <br />pleadings in support of the applications. Citizens' Progressive Alliance is the only active . <br />objector. The water judge has ruled on a number oflegal motions, striking or denying many <br />of CPA's legal contentions. He recently denied motions for summary judgment filed by both <br />sides, setting the stage for discovery (and a lot of discovery disputes, since CPA wants to <br />depose people like Interior Secretary Norton). <br /> <br />5. Black Canyon of the Gunnison National Park Reserved Riehts Case, No. W-437, <br />Water Division 4. <br /> <br />The state water court case remains stayed. The Colorado Supreme Court issued its <br />opinion on our petition for review of the water court's stay order on November 8, refusing to <br />lift the water court's stay. That means we will have to await resolution of the environmental <br />objectors' federal action before quantification can proceed in state water court. In the federal <br />action, the federal district court judge denied the United States' motion to dismiss, which we <br />had joined. The United States has produced the adrninistrative record, which is 14,000 pages <br />long. The magistrate judge denied the environmental plaintiffs' motions for additional <br />discovery, meaning the case will be decided on the administrative record. <br /> <br />6. CWCB ISF Application on Gunnison River throueh the Black Canvon (Case No. <br />03CW265). <br /> <br />Nothing new to report. <br /> <br />. <br /> <br />2 <br />
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