BOARD01852

• Board Meeting Date: 7/28/2003
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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the Animas-La Plata Project, Case No. 01 CW 54, which CPA also opposes. Oral argument on
CPA's motions attacking the original decrees is scheduled for August 20.

7. Kansas v. Nebraska and Colorado, United States Supreme Court, No. 126, Original.

The U.S. Supreme Court adopted the parties' settlement. On July 1, the states agreed on a
ground water model for compact administration. At the Republican River Compact
Administration meeting on August 21 & 22, the Compact Administration will formally adopt the
model, the Special Master will report that to the Supreme Court, and the case will be dismissed.
Colorado then has through 2007 to ensure its uses, as partially determined by the model, are in
compliance with the Compact.

8. Black Canyon of the Gunnison National Park Reserved Rights Case, No. W-437, Water
Division 4.

The State and representatives of the National Park Service, Bureau of Reclamation, and the
Fish and Wildlife Service signed an agreement on April 2. As you know, the Board is an integral
part of that agreement through its instream flow appropriation. The AGO, Board staff, and Kent
Holsinger have negotiated a proposed enforcement agreement for the instream flow with the US.
The Board must act on the enf6rcement agreement this meeting to meet the August 2
deadline set out iu the April 2 agreement. In the pending United States case, the United States
moved to amend its application to claim only 300 cfs. Land and Water Fund, Trout Unlimi!ed,
and others filed a brief opposing the amendment as prejudicial to them. The AGO is worki.i\g
with other water users to prepare a response supporting the amendment. The Board members
may wish to discuss both the pending case and the Board's anticipated enforcement with .>
counsel in executive session. ....

9. Application of City of Central (Case No. 92CW168)

Assistant Attorneys General Lori Coulter and John Cyran represented the Board at the trial in
this case held in May 2003. We still are awaiting the Court's ruling.

10. Application of Town of Breckenridge (Case No. 97CW283)

The court approved a stipulation between the Town and the CWCB on June 17, 2003. In
the midst of a one-day trial held on July 2, 2003, the State arid Division Engineers and the Town
entered into a stipulation. The final decree entered by the Court on July 17, 2003 was for a 1997
conditional water right of 2cfsout of Miners Creek with an appropriation date of May 18, 1995
to be used to increase exchange potential on the Blue River. Because the water right may only
be diverted from Miners Creek when it is in priority on Miners Creek, there will be no injury to
the CWCB's 1986 instream flow water right on Miners Creek.

11. Application of City of Longmont (Case No. 02CW275)

Subsequent to the Supreme Court ruling in the Golden, Breckenridge and Eagle River
Water and Sanitation appeals, the CWCB staff, in consultation with the Applicant, filed a request
in the water court for an extension of time for the CWCB to submit its findings and
recommendation to January 2004. We are awaiting the court's ruling on this request.