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<br />. <br /> <br />. <br /> <br />. <br /> <br />briefing. The United States decided to withdraw its appeal in early November. After we <br />filed our opening brief on November 22, the United States then moved to dismiss both our <br />appeal and TU's cross-appeal, arguing that the decision below was not a final judgment. We <br />opposed the motion. The Tenth Circuit recently ruled that it would not rule on the Motion to <br />Dismiss at this time and ordered the next round of briefing on the merits of the case to <br />proceed. Response briefs from TU and the Forest Service will be due in mid-June. <br /> <br />6. Green Mountain ReservoirlHeenev landslide case. <br /> <br />On August 7, 2003, the Colorado River Water Conservation District and several other <br />west-slope entities filed a petition against the Bureau of Reclamation in U.S. District Court <br />for Colorado to enforce the provisions of the Blue River Decree. The west slope petitioners <br />are seeking changes of Bureau of Reclamation policy concerning the interrelationships of the <br />replacement pool and power pool in Green Mountain Reservoir. The Division of Water <br />Resources has intervened in this litigation. The parties are mediating a possible settlement <br />using Chris Moore of CDR & Associates. The Court has not yet ruled on the United State's <br />motion to limit judicial review, but has revised the litigation schedule to conclude any <br />discovery by this December and to file briefs in February of2006. <br /> <br />Green Mountain Reservoir administration issues. The drought has raised issues about <br />how the State Engineer administers the fill of Green Mountain Reservoir A committee of <br />interested parties was formed to work out an acceptable agreement on administration. All of <br />the parties last met on April 14,2005 to discuss the Bureau of Reclamation's proposed <br />operations and the State Engineer's interim administration policy. After reviewing <br />comments, the State Engineer released an interim 2005 policy on April 28th. <br /> <br />7. South Platte Three-State Cooperative A2reement. <br /> <br />The Governance Committee met May 16-17, 2005 in Kearny, Nebraska. Bureau of <br />Reclamation Commissioner John Keys attended the meeting to give participants a pep talk <br />on keeping the EIS/BO process on schedule. The USFWS advised the Governance <br />Committee of the most recent scheduling dates: <br /> <br />Final EIS due <br />Final Biological Opinion <br />Record of Decision <br />Governors' Signatures on Final Program <br />Document <br />Program legislation to Congress <br />Program start <br /> <br />September 30, 2005 <br />November 30, 2005 <br />December 30, 2005 <br />March 31, 2006 <br /> <br />Spring 2006 <br />Between the time the Governors sign and <br />when funding-is in place. It could occur <br />in the spring of2006, if the FY2006 <br />Budget request for interim operating <br />funds is approved or as late as October of <br />2006, if the FY 2007 is the source of <br />initial funding. <br /> <br />3 <br />