BOARD00683

• Board Meeting Date: 7/8/1980
• Description: Minutes
• Board Meetings - Doc Type: Meeting

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II

because in the opinion of the U.S. Fish and Wildlife Service,

the consumptive use of water in the anticipated operation of

the public reservoir and due to the delivery of water

to the Public Service Company to use in the Pawnee plant

would reduce the flow of water in the South Platte River

thereby allegedly having an adverse impact on the habitat

of the whooping crane, which is a federally endangered

species, which habitat is located about 260 miles downstream

from Wildcat on the Platte River in the State of Nebraska.
In response to those circumstances the Riverside

Irrigation District and the Public Service Company of

Colorado have filed suit in District Court -- Federal

District Court for the District of Colorado seeking, as

I recall, Dennis, an injunctive relief declaratory judgment
and mandamus in some regards.

The matter has been under active consideration by the

State. Dennis Montgomery, myself, people representing the
Department of Heallli and Monte Pascoe from -- executive

director of the Department of Natural Resources have actively

reviewed the matter.

The way the litigation stands at this point in time is

that the federal defendants have moved for dismissal. The

plaintiffs have or are in the process of taking depositions

from some of those federal defendants. And it's, what,

Dennis, another couple three weeks before the judge will