BOARD00677

• Board Meeting Date: 7/18/2005
• Description: WSP Section - Steamboat Springs ‎(RICD)‎ Scheduling or Remand Associated with the Steamboat Springs RICD and Related Discussion
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: (303) 86&-3441
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

TO:
FROM:
DATE:
SUBJECT:

Colorado Water Conservation Board Members
Ted Kowalski, Manager RICD Program
July 11, 2005
Agenda Item 20, July 18-19, 2005 Board Meeting--
Steamboat Springs (RlCD) Scheduling or Remand Associated
With the Steamboat Springs RICD and Related Discussion

Russel George
Executive Director

Rod Kuharich
CWCB Director

Rick Brown
Acting Deputy
Director

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Backl?:round

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The Steamboat Springs RlCD trial before the water court was set to begin on August 1, 2005. However, the
Applicant has settled with each of the remaining objectors except for the CWCB and the State Engineer and the
Division Engineer for Water Division No.6. The settlement, among other things, calls for a decree to be entered
for: 1) reduced stream flows; 2) a reduced season of use; and, 3) reduced time periods of day. The Board has
received, under separate cover, copies of the settlement, a letter describing the settlement, and a letter requesting that
the Board settle this matter. A copy of the most recently mailed letter regarding settlement is attached for the
Board's convenience. The Board has also received a request frorn the Applicant to meet with the Board in executive
session to discuss the possibility of settling this matter. Nevertheless, the water court has scheduled the new trial for
seven days, beginning on October 17, 2005. In addition, the water court remanded this case back to the Board for
the Board's consideration of two factors, given the reduced flow amounts under the terms of the settlement. The
Court's order is attached and the Court requested that this Board issue its findings of fact and recommendation on or
before September 23, 2005. The Court, while making no ruling on the location of any CWCB remand hearing,
"strongly encourages" the Board to "conduct any hearing at a location reasonably convenient to the City."

As the Board knows, the September Board meeting is scheduled for three days in Durango. The two rulemaking
hearings have already been noticed for Monday, September 12, at 8:00 am, and Monday, September 12, at 1:00 pm.
In addition, the Board already has a three-day meeting scheduled for that time.

Staff Recommendation
The staff recommends that the Board:
a. Schedule a one day, special board meeting for the week of September 5 or the week of
September 19th in Silverthorne or Frisco, allowing Board rnembers to attend by phone if
necessary; and,
b. Meet with the City Council in executive session, if permissible under the law, and vacate the
CWCB remand hearing if settlement discussions prove fruitful.

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Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning