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<br />.;'"' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Page 3 <br /> <br />In the meantime the New Mexico Attorney General' Office on Friday, September 6, filed <br />with the 10th Circuit Court of Appeals a request for its own emergency order. New Mexico asks <br />the 10th Circuit to issue a writ of prohibition preventing the District Court from ordering releases <br />from Heron Reservoir. New Mexico also seeks a stay ofthe District Court's previous ruling <br />(now on appeal) that BuRec has the discretion to release San Juan-Charna water for the benefit of <br />Rio Grande fish species. <br /> <br />So far, the enviromnental groups seeking the federal releases have not specifically stated they <br />are seeking water from any reservoirs in Colorado. However, one of the Division 3 employees <br />told us that someone has been asking questions about the contents ofPlatoro, Rio Grande, Santa <br />Maria and Continental Reservoirs. Further, the enviromnental groups also state in their brief in <br />support of the injunction request that they believe "flows in the Rio Grande might be increased <br />above this level if the Bureau increased water production from the Closed Basin Project in <br />the San Luis Valley of southern Colorado." [emphasis added] <br /> <br />8. Three Forks Ranch v. City of Cheyenne, Wyomin~ State En~ineer, and Wyomin~ Water <br />Development Commission, Civil Action No. 02-D-0398 (MJW) (D.C. Colo.) <br /> <br />A hearing on the various motions to dismiss has been scheduled for October 16th and the <br />judge (District Judge Wiley Daniel) has said that he expects to rule from the bench. Meanwhile, <br />the Colorado State Engineer, CWCB, and our office are investigating Thtee Forks' compact <br />allegations. <br /> <br />Wendy Weiss, Randy Seaholm, and Bob Plaska have now met several times with Cheyenne <br />regarding their operations, and with Wyoming water administration officials as well. The <br />Colorado representatives received useful information, and a draft report concerning Thtee Forks <br />Ranch's compact allegations is now being circulated arnong them prior to being submitted to <br />Ken Salazar, Greg Walcher, and the CWCB. The CWCB members may want to discuss this <br />investigation with counsel during executive session. <br /> <br />9. Southern Ute and Ute Mountain Ute Tribes' Settlement, Case Nos. 7-W-1603-76F & 76J. <br /> <br />On August 23 Wendy Weiss signed the stipulation to amend the Tribes' decrees for the <br />Animas and La Plata Rivers to conform to the 2000 Settlement Act Amendments. US DOJ has <br />now filed the necessary motions to amend and applications for change of water rights. A change <br />of water right application was needed because the Ute Mountain Ute Tribe's M&I use increased <br />when the irrigation use was dropped. <br /> <br />10. City of Golden Cease & Desist Order [NEW] <br /> <br />The State and Division Engineers issued a cease and desist order to the City of Golden on <br />Friday, September 6, ordering it to cease diversions of up to 3.42 cfs thtough the Church Ditch <br />no later than Sunday, September 8. Those diversions violate a protective condition of Golden's <br />1966 decree by which it obtained a change of Oulette Ditch water rights to an upstream diversion <br />point at the Church Ditch. Representatives and shareholders of the Farmers Highline Canal <br />Company, including the cities of Arvada, Thornton and Westminster, and the Coors Brewing <br />Company, brought this situation to the State Engineer's attention early last week, alleging that <br />Golden's diversions were injuring their Farmers HighIine water rights. <br />