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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Porzak Browning & Bushong LLP <br /> <br />Glenn E. Porzak <br />Michael F. Browning <br />Steven J. Bushong <br />P. Fritz Holleman <br />Kristin Howse Moseley <br />Kevin J. Kinnear <br /> <br />Attorneys at Law <br />929 Pearl Street, Suite 300 . Boulder. CO 80302 <br />303 443,6800 . Fax 303 443,6864 <br /> <br />Vail Office: <br />846 Forest Road <br />Vail. CO 81657 <br />970-477,5419 Tel. <br />970-477,5429 Fax. <br /> <br />Lawrence J. MacDonnell <br />Of Counsel <br /> <br />March 16,2005 <br /> <br />CWCB Board Members <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: Chaffee County RICO Filing, Case No. 04CW129, <br />Water Division No.2 <br /> <br />Dear Members of the Colorado Water Conservation Board: <br /> <br />As you probably know, the Board is required to review RICD applications under five <br />specified statutory criteria. C.R.S. S 37-92-1 02(6)(b). The CWeB must then submit its findings <br />offact and recommendations to the water court within 90 days of the closing date for statements <br />of opposition in a particular case. C.R.S. S 37-92-102(6)(c). We are writing on behalfof <br />Chaffee County to request that the Board join us in filing a request with the water court for an <br />extension of that deadline in the Chaffee County RICD, <br /> <br />Rule 14 of the CWCB RICD rules directs that the Board can request an extension for <br />"good cause shown." 2 CCR408-3. The good cause in this instance is Chaffee County's desire <br />to continue the negotiations that we have been conducting with those entities that filed statements <br />of opposition, We began talks with likely opposers even before this application was filed. We <br />have had three general meetings to date with most of the major water users on the Arkansas. <br />Another general meeting is scheduled for April, and we have begun one.on-one meetings with <br />some of the 16 opposers. We believe that these negotiations will be productive, and would like <br />to continue without all parties having to worry about the cost and time commitment of a near- <br />term CWCB hearing. We informed CWCB staff of our interest in this course of action in <br />telephone conversations and by letter dated January 21,2005. (Letter attached as Exhibit No. I). <br /> <br />We calculate the current date for the Board's findings and recommendation to be May 29, <br />2005, which is a Sunday, the next Monday is Memorial Day, meaning your report to the water <br />court would be due Tuesday, May 31, 2005. We would like to suggest a 6 month extension, <br />which would make your findings and recommendations due November 30, 2005. Any hearing, if <br />necessary, could be held at your mid-November meeting which is currently scheduled to be held <br />in Denver, <br /> <br />Tml957 <br />