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<br />" <br /> <br />'- <br /> <br />2. Kansas y. Colorado, United States Supreme Court. No. 105. Oril!inal. <br /> <br />The Kansas and Colorado State Engineers met in Denver the week of August 15 and met <br />again in Topeka the week of August 29. They are making some progress on technical issues, <br />in an effort to avoid sending deadlocked issues to binding arbitration (the Special Master's <br />deadline for resolution is September 12). The State Engineer may have more to report. <br /> <br />. <br /> <br />3. Southern Ute and Ute Mountain Ute Tribes' Settlement. Case Nos. 7-W-1603-76F & <br />76J. 02-CW-85. & 02-CW-86. <br /> <br />These five cases are two applications to modify the 1991 consent decrees to match the <br />final configuration of the Animas-La Plata Project, two change applications for the newly- <br />configured tribal water rights, and one diligence application for the full original A-LP <br />conditional water right. Citizens' Progressive Alliance is the opponent in all five cases, all of <br />which are in pre-trial discovery. <br /> <br />The Court is addressing the diligence case first. The State has fully responded to CPA's <br />first set of discovery requests, and CP A has missed its August 31 deadline to serve additional <br />requests. The Southwestern District, the State, and the United States served CPA with three <br />complimentary sets of discovery requests on Aug 31. CPA missed its August 15 deadline to <br />disclose experts and serve expert reports. The trial may occur anytime after October 15. The <br />Moving Parties are collaborating on a chronological tabulation of exhibits showing diligence <br />by all Project proponents during 1995-2001. <br /> <br />. <br /> <br />Discovery is just beginning in the four other cases. The Moving Parties served requests <br />for admission and interrogatories (asking in part what injury is alleged) on August 30. CPA <br />has not served any discovery requests, but has until September 30 to do so. CPA is required <br />to disclose any expert reports on the question of injury by September I. The Moving Parties <br />filed an expert report by Brown & Caldwell showing lack of injury to any Animas or La <br />Plata water rights by the Animas-La Plata Project. CPA has noticed no depositions, but has <br />until late October to do so. Trial may begin any time after November 15. <br /> <br />4. Black Canyon of the Gunnison National Park Reserved Ril!hts Case, No. W-437. <br />Water Division 4. <br /> <br />The state water court case remains stayed, awaiting resolution of the environmental <br />objectors' federal action before quantification can proceed. In the federal action, all parties <br />completed briefing on August 31, 2005. <br /> <br />5. Trout Unlimited Y. Department of Al!riculture. <br /> <br />Briefing on our appeal to the Tenth Circuit was delayed due to a series of requests for <br />extensions from the attorney for the United States. Both the United States and TV have <br />finally filed their Response Briefs. Our Reply Briefs are due September 26. We continue to <br />work closely with The Water Supply and Storage Co. and Greeley in this matter. In the <br />District Court, the Court just denied our motion to stay. We may ask the Tenth Circuit to . <br />reconsider the stay. If granted, a stay would stop the Forest Service from going forward with <br /> <br />2 <br />