BOARD01024

• Board Meeting Date: 1/27/2004
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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augmented under the plan, but senior to the plan for augmentation, The Board members may
wish to discllss with cOllnsel in executive session the ramifications of the decision and whether .
to appeal.

10. RICD Application of Upper Gunnison Water Conservancv District (Case No.
02CW038)
On December 26,2003, the Division 4 Water Court issued its order in this case. Water Judge
Steven Patrick granted the District a conditional RICD water right in the amounts requested by
the District, rejecting the State's arguments and unequivocally endorsing the District's claims,
The Board members may wish to discuss with counsel in executive session the ramifications of
the decision and whether to appeal.

11. South Platte Three-State Cooperative Al!reement
These discussions, involving Colorado, Nebraska, Wyoming and the U.S, Fish & Wildlife
Service, have been focused on developing a recovery program and avoiding jeopardy opinions
for water uses on the Platte, Although the discussions have gone on for years, the pace
quickened during summer and fall of2003, resulting in agreement on most significant issues
among the states and the FWS. The governors ofthe three states agreed to extend the
Cooperative Agreement process until July 1,2005, unless the program comes together faster. A
draft EIS has been released and public meetings in Denver, Loveland and Sterling are tentatively
set for March 2004 to seek public input. There are still some issues to be resolved before the
final EIS is completed (in about a year),

12. Bypass Flow issues in Southwestern Colorado. [NEW] .
Janice Sheftel, attorney for the Southwestern Water Conservation District, recently informed
us of yet another attempt by the Forest Service in that area to get a water user, who mayor may
not qualify for a Ditch Bill easement, to agree to bypass flows, We are working with CWCB
staff as well as with Ms. Sheftel and other water user representatives to develop and implement
appropriate responses.

13. Lonl! Hollow Reservoir. [NEW]

This is a proposed project that the La Plata Water Conservancy District wants to build very
close to the state line on the La Plata River. If operated correctly, the project should assist
Colorado in getting water to New Mexico in compliance with the La Plata River Compact and
will also provide Colorado water users on the La Plata with a firmer water supply (via
exchange), The financing for the reservoir project is primarily from this Board and the CWPDA.
In response to the District's S 404 permit application to the Corps of Engineers and biological
assessment, various parties have filed critical comment letters, New Mexico has alleged
Compact violations, the Jicarilla Apaches and the Navajos have said the project will injure their
water supply, and the EP A and the USFWS have alleged water quality and endangered species
impacts, We are working with the District, CWCB staff, and the State Engineer's office on
coordinating responses to the various letters of opposition sent to the Corps,

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