BOARD00747

• Board Meeting Date: 9/13/2005
• Description: WSP Section - Upper Gunnison River Water Conservancy District ‎(RICD)‎ - Request for Further Guidance on Establishing a RICD Hearing Schedule
• 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:
FROM:
DATE:
SUBJECT:

Colorado Water Conservation Board Members
Ted Kowalski, Manager RlCD Program
September 2, 2005
Agenda Item II b, September 13-14, 2005 Board Meeting --
Upper Gunnison River Water Conservancy District (RlCD) - Request
for Further Guidance on Establishing a RlCD Hearing Schedule

Russel George
Executive Director

Rod Kuharich
CWCB Director

Rick Brown
Acting Deputy
Director

.

Backl!round
In March 2005, the Supreme Court remanded the Upper Gunnison River Water Conservancy
District RlCD case back to the water court with instructions for the water court to remand the case back to
the CWCB to make appropriate findings and recommendations consistent with the Supreme Court
decision. There were several disagreements between the Applicant and the CWCB about how the CWCB
should handle the remanded case, The matters were fully briefed by the parties, which resulted in an order
from the water court, which resulted in further disagreements between the parties, At the July Board
meeting, the Board established a simultaneous briefing schedule whereby the CWCB Staff and the
Applicant submit briefs by November 4, 2005; and, scheduled a remand hearing before the Board in
conjunction with the Board's January Board meeting.

Since the Board meeting, the water court issued a new ruling, which is attached. In that ruling,
the Judge stated that he "is persuaded that between the prior hearing and the trial and the evidence
submitted at either of those proceedings there is ample evidence from which the Court may make its
decision in addition to any additional briefing in light of the direction from the Colorado Supreme
Court," In addition, the Board Chairperson, the Staff of the CWCB, and the Upper Gunnison River
Water Conservancy District ("UGRWCD") have exchanged a number of communications about
settlement possibilities, and ways to further explore settlement possibilities, Moreover, the District has
expressed dissatisfaction that the CWCB has not set a date certain whereby this Board will issue its
findings of fact and recommendations,

.

Staff Recommendation
In light of the Court's order and the communications between the CWCB and the UGRWCD, the
Staff recommends that the Board:
I) Permit the Applicant and the CWCB Staff to submit briefs simultaneously, by January 6,
2006, instead of the November 4,2005 deadline, to allow settlement discussions to occur;
2) Keep the scheduled time for a hearing, in conjunction with the CWCB's January Board
meeting, that will occur if settlement discussions prove unsuccessful; and,
3) Issue final findings and recommendations to the water court by February 3, 2006,
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning