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<br />~ <br /> <br />. <br /> <br /> <br />. <br /> <br />KEN SALAZAR <br />Attorney General <br />CHRISTINE M. ARGUELLO <br />Chief Deputy Attorney General <br /> <br />ALAN J. GILBERT <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denverr .Colorado 80203 <br />Phone 303) 866-4500 <br />FAX 303) 866-5691 <br /> <br />OFFICE OF TIlE ATTORNEY GENERAL <br /> <br />September 11, 2002 <br /> <br />MEMORANDUM <br /> <br />TO: Colorado Water Conservation Board <br /> <br />FROM: Ken Salazar <br />Attorney General <br /> <br />RE: <br /> <br />Felicity Hannay . <br />Deputy Attorney General <br /> <br />Report of the Attorney General1 <br /> <br />. <br /> <br />1. Forest Service Reserved Ri~hts Cases, Case Nos. 81-CW-220 et aI., Water Division 2. <br /> <br />In late December of2001, after extensive consultation with many of the objectors in these <br />cases, Wendy Weiss sent to the U.S. Forest Service a letter listing the conditions the objectors <br />would require in order to agree to a stipulated dismissal ofthe reserved rights claims in Division <br />2. The conditions were that the dismissal be "with prejudice" - meaning that the claims could <br />not be re-filed - and that the United States should reimburse the costs ofthose objectors who <br />qualifY under the federal Equal Access to Justice Act. The U.S. has agreed to dismiss the case <br />with prejudice and to pay EAJA claims, but it did not agree that the dismissal would operate as <br />a "decision on the merits." This is acceptable to the objectors with whom we've been working <br />and we're currently negotiating language for the stipulation. On August 3dh, again after <br />consultation, Wendy Weiss sent a letter to Jim DuBois on behalf of the state and the most <br />active objectors proposing changes to Jim's proposed stipulation. <br /> <br />2. Forest Service Reserved Ri~hts Cases, Case Nos. W-1146-73 et aI., Water Division 7. <br /> <br />The negotiating team had a conference can on August 29th at which the Forest Service <br />reaffirmed its commitment to trying to settle and promised to get us a written proposal for the . <br /> <br />. <br /> <br />I Text concerning previously reported matters will usually contain only information on recent developments rather <br />than repeating background information. Material to which we wish to call special attention appears in bold italics, <br />and any entirely new matters are specifically identified as [NEW]. <br />