BOARD00705

• Board Meeting Date: 3/21/2006
• Description: WSP Section - Avon RICD Application
• Board Meetings - Doc Type: Memo

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Shennan & Howard L.L.C.

ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTIi STREE1; SUITE 3000
DENVER, COLORADO 80202
TELEPHONE: [phone]
FAX: [phone]
OFFICES IN; COLORADO SPRL~GS
RENO . US "EGAS . PHOENIX

GARY L. GREER
Direct Dial ~o.: [phone]
E-mail: [e-mail]

DORAN L. MATZKE
Direct Dial No.: [phone]
E-Mail: [e-mail]

March 10, 2006

VIA E-MAIL
AND FIRST-CLASS MAIL

Mr. Ted Kowalski
Susan Sclmeider, Esq.
Colorado Water Conservation Board
1313 Sherman Street, Suite 721
Denver, Colorado 80203

Re: Application of the Town of Avon, Water Court, Water Division No.5,
Case No. 05CW258 (Submission ofRlCD Application and Preliminary Report)

Dear Mr. Kowalsld and Ms. Sclmeider:

Yesterday we submitted a letter on behalf ofthe Town of Avon requesting a public
hearing before the Colorado Water Conservation Board (CWCB) in connection with the above-
captioned RlCD Application. Earlier this week we talked to both of you about scheduling this
hearing, and you suggested that the CWCB and Applicant mutually agree to a six-month extension
of the date by which the CWCB must submit its findings to the Water Court, which would obviate
the need to hold this hearing in May.

We discussed this proposal with our client, and the Town is willing to consent to a
six month extension of the May deadline as long as we can hold the public hearing on the
Application at the July CWCB meeting or at the September CWCB meeting if that meeting can be
held during the week beginning September II, rather than during the week beginning Septem ber 18.

Also, as we mentioned to you, one concern the Town has in postponing the hearing
date is that the Town may issue a RFP for the construction of the white water park as early as July
of this year. Thus, the Town will want confirmation from the CWCB staff prior to July that the
design of the course and the Control Structures is acceptable. Based on our discussion with you