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Last modified
8/16/2009 3:02:04 PM
Creation date
10/4/2006 6:55:56 AM
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Board Meetings
Board Meeting Date
7/23/2001
Description
Report of the Attorney General
Board Meetings - Doc Type
Memo
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<br />Page 2 <br /> <br />well as about whether those flows are justified under the purposes of the Monument (now Park). <br />We filed a statement of opposition on behalf of the Board, State Engineer, and Division of <br />Wildlife. The final count on SOPs filed is over 380. Wendy Weiss has been working with the <br />U.S. Department of Justice on a joint motion to confirm venue and has circulated a draft to <br />about a dozen other objectors for comments. Once ~e file it, the next step will be setting <br />the ground rules for negotiations. <br /> <br />. <br /> <br />2. Trout Unlimited v. U.S. Dept. of Agriculture, C.A. No. 96-WY-2686-WD. <br /> <br />Issue: Did the U.S. Forest Service act arbitrarily and capriciously when it signed the <br />Joint Operations Plan for Longdraw Reservoir without requiring by-pass flows? <br /> <br />Decision: This case has been on hold since 1996. In October 2000 the federal magistrate <br />ruled in favor of the State's motion to intervene. Brief!ng will begin in March 2001 and continue <br />through July 2001. <br /> <br />Discussion: In the early 1990s, several reservoirs inithe Roosevelt National Forest were up for <br />renewal of their special use permits from the Forest Service. A Joint Operations Plan ("JOP") <br />among the owners of some of the reservoirs and the Forest Service was agreed to after <br />substantial modeling showed that the JOP was the most feasible plan to preserve the rights of the <br />water owners as well as improve the overall fish habit~t. After the agreement was signed in <br />1994, Trout Unlimited sued. The most important of its 13 claims is that the Forest Service was <br />reqUired by law to require a bypass flow to maintain i~stream flows below Longdraw Reservoir <br />(owned by Water Supply & Storage). Thus, the two main issues are whether the Forest Service <br />has the authority to require by-pass flows when renewing reservoir permits in the national . <br />forests, and if so, whether the Forest Service had the obligation to require a by-pass flow in this <br />case. The case was originally lodged in federal court.in Washington D.C., but has been moved <br />to Colorado for further proceedings. The CWCB and! SEO strongly supported the JOP andwill <br />explore options for joint defenses with other defendro)ts. The first round of briefs was filed on <br />March 15th. The CWCB, SEO, City of Greeley and Water Supply & Storage Co. filed a brief <br />arguing that the Forest Service has no authority to impose bypass flows. We also coordinated <br />the filing of an amicus brief from the states of Alaska, Arizona, Idaho, Nevada, New Mexico, <br />and Wyoming on the same issue. The case is now fully briefed and we're waiting for the <br />court to set it for argument or decide it on the briers. <br /> <br />3. Nebraska v. Wyoming, United States Suprem~ Court, No. 108, Original. <br /> <br />Issue: Has well pumping in Wyoming viola~ed the existing Supreme Court decree that <br />apportions the North Platte River among Colorado, Wyoming, and Nebraska? Should the decree <br />be modified to add new injunctions against Wyoming? <br /> <br />Decision: The states have reached a final settlement, signed by the governors. The <br />settlement includes creating a North Platte Decree Committee with members from Wyoming, <br />Nebraska, Colorado, and Reclamation to improve c~mmunication and monitor compliance with <br />the decree. The states presented the proposed decree to the Special Master on March 19, 2001. <br />The Master circulated a draft final report recommending approval of the settlement, the . <br />
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