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<br />eJ <br /> <br />eJ <br /> <br />.1 <br /> <br />the Corps permit was one of the CWCB's in-kind commitments to the San Juan Water Conservancy <br />District (SJWCD) for this project.) Shortly thereafter, rock hauling began with help from the Bureau <br />ofRec1amation that provided trucks as well as a private hauling company retained by the SJWCD. <br />Rock hauling concluded on April 26th and the construction contractor spent two days getting his <br />equipment moved and set up on the sites. Construction began May 2, 2003 -- nearly one month after, <br />the original scheduled construction date. For Project background and other information please visit <br />htto:/lwww.waterinfo.org/rioblanco.html. ' <br /> <br />Engineering Studies Underway for Carbon Lake Ditch: In January 2003, the CWCB approved an <br />Amended Donation Agreement with the San Juan Resources Conservation and Development Council <br />which allows the Carbon Lake Ditch water right to be used for instream flows to in1prove the natural <br />environment of North Mineral Creek near Silverton, Colorado. CWCB staffhas recently contracted <br />with Cheryl Signs Engineering to quantify the amount of water that is available for change to instream <br />flow use. The results of the analysis should be available in July 2003. CWCB staff will utilize the <br />results to prepare a change application for filing with the Water Court. <br /> <br />Navajo Nation vs. Department oflnterior, Norton et al: On March 14 the Navajo Nation filed an <br />action in the United states District Court for the District of Arizona alleging that Interior in its <br />management ofthe Lower Colorado River failed to consider the water rights of the Navajo Nation or <br />to protect the interests of the Navajo Nation. <br /> <br />In its action, the Navajo Nation is seeking relieffor the breach of fiduciary trust responsibility in: (I) <br />in1plementation of the Interim Surplus Guidelines; (2) adoption of the FEIR Implementation <br />Agreement, Inadvertent Overrun and Payback Policy and Related Federal Actions; (3) in1plementation <br />of the Interstate Water Banking Regulations; (4) refusing to contract for delivery of CAP water to the <br />Navajo Nation; and (5) failing to provide Colorado River water to meet the needs of the Navajo <br />people. The action also alleges violation ofNEP A and AP A requirements. <br /> <br />Yampa/White River Basin <br /> <br />Little Snake River Compact Investigation: in response to the Three Forks Ranch Corporation <br />lawsuit against the City of Cheyenne and the State of Wyoming, the CWCB, the Colorado Attorney <br />General and the Colorado Division of Water Resources undertook a joint investigation into those <br />allegations. The results of this investigation were made public on January 29, 2003. On January 10, <br />2003 a hearing was held in Colorado District Court before Judge Daniel. Judge Daniel issued his <br />opinion in this case on February 28, 2003. He granted Wyoming's Rule 12(b) and 19 motions to <br />dismiss. He also granted the City of Cheyenne's motion to dismiss pursuant to 12(b)(2), (3), (6) and <br />(7). He' denied the remaining motions as moot and ordered that the entire case be dismissed with <br />prejudice. We have recently received notice that the case has been appealed, however, we are not <br />aware of any trial schedule at this time. We have also recently received a response from Wyoming <br />conceming our report on this matter and we wi!l be following up with them. Finally, the staff has been <br />discussing with the Wyoming Water Development Commission joint participation in a reconnaissance <br />level reservoir site investigation in the Little Snake basin. The Wyoming Water Development <br />Commission has already contracted with Gannett Fleming for the performance of this study and we are <br />currently cooperating with them in this effort and exploring ways to participate financially at this point. <br />Weare also incorporating Wyoming data for the Little Snake into CDSS and anticipate using CDSS to <br />help in site evaluations. <br />White River Flow Recommendations: The next draft report is not due until June 1. Once received, <br />the process is as follows; 1 month for internal review (July 1),45 days for peer review (Aug. 15), 30 <br />days for outside review, with the final report due Sept. 15,2003. <br /> <br />22 <br />