BOARD00702

• Board Meeting Date: 7/25/2006
• Description: ISF Section- Case No. 5-98CW205 and 98CW270 and 03CW078 - Upper Eagle Regional Water Authority
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

. Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.CO.U5

MEMORANDUM

Bill Owens
Governor

To: Colorado Water Conservation Board Members

From: Dan Merriman and Linda Bassi ~

Date: July 17, 2006

Russell George
Executive Director

Rod Kuharlch
CWCB Director

Dan McAuliffe
Deputy Director
Re: Agenda Item No. 13, July 25-25, 2006 Board Meeting: Case Nos. 5-98CW205,
98CW270 and 03CW078 (Upper Eagle Regional Water Authority)

(e

This agenda item involves three Upper Eagle Regional Water Authority cases to which the
CWCB was a party. Case No. 98CW205 was decreed on August 1, 2000 and Case No.
98CW270 was decreed on January 7, 2003. The third case, Case No. 03CW078, was decreed on
May 22, 2006 after a two day trial in February 2006. Assistant Attorney General Paul Benington
will request that the Board discuss this agenda item in Executive Session to review proposed
litigation strategy, and Staff will ask the Board to take action on this item after Executive
Session. The Board notebook contains a confidential memorandum from Paul Benington that
summarizes the background and pertinent issues for each case, and a discussion of litigation
strategy.

Staff Recommendation

Staff recommends that the Board discuss litigation strategy for these three cases in Executive
Session and to authorize the Attorney General's Office, in consultation with CWCB staff:

I) To file petitions to invoke retained jurisdiction in Case Nos. 98CW205 and 98CW270.
2) If the CWCB's motion for new trial in Case No. 03CW78 is denied, to file (a) a petition
to invoke retained jurisdiction in Case No. 03CW78, and (b) a notice of appeal of the
initial action in Case No. 03CW78 with the Supreme Court. Staff further recommends
that the Board authorize the CWCB Director to approve the filing of the notice of
appeal, as he determines settlement negotiations or other unfolding circumstances may
dictate, if the time period for filing a notice of appeal will expire before the September
Board meeting.

.

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