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Last modified
8/16/2009 3:13:34 PM
Creation date
10/4/2006 7:12:39 AM
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Board Meetings
Board Meeting Date
9/10/2002
Description
Report of the Attorney General
Board Meetings - Doc Type
Memo
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<br />Page 4 <br /> <br />Golden did not cease its diversions by Sunday as ordered by the State Engineer, but rather . <br />filed for a temporary restraining order (TRO) against the State Engineer on Monday morning <br />September 9 in the Division 1 water court. Golden admitted that it has other water supplies that <br />will get it through mid-October, thus preventing the city from showing that it would suffer the <br />"irreparable harm" required for a TRO. After hearing the merits of the case, Judge Hays denied <br />Golden's motion for a TRO and granted an injunction in favor ofthe State and Division <br />Engineers ordering Golden to comply with the cease and desist order. <br /> <br />1\ I ~ &. Okanogan County - amicus brief . <br /> <br />l ~ We have been working on an amicus brief to offer to the 9th Circuit Court of Appeals in a <br />case that raises the same issues as our Trout Unlimited v. US Forest Service case. The District <br />Court for the Eastern District of Washington held that the Forest Service does have the authority <br />to require facilities renewing special use permits to give up part of their water supply. <br /> <br />12. Quantification ofreserved water rights for Black Canyon ofthe Gunnison National <br />Park. <br /> <br />On March 8th, a group of the major objectors, including the CWCB, presented the United States <br />with the conditions we would require for agreeing to a stay of proceedings, as the U.S. had <br />requested. The purpose of such a stay would be to engage in settlement negotiations. Since the <br />U.S. has not been able to agree on a response to the objectors' proposal, the objectors rereferred <br />the case to the water judge and had it set for a Case management conference, which is scheduled <br />for October 3rd. <br /> <br />. <br /> <br />. <br /> <br />J <br />
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