BOARD02331

• Board Meeting Date: 9/24/2001
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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Decision: Recent developments may have put domestic appropriations issues
temporarily on hold. At last report our congressional delegation is still prepared to press
for $21.6 million for A-LP in FY02.

Discussion: In 1986, Colorado entered into a settlement agreement, approved by Congress in
1988, that resolved the Ute Tribes' reserved rights claims in Water Division 7. Part of that
settlement is contingent upon construction of the Animas-La Plata Project. The settlement
provides that if the project is not completed by January 1,2000 - which of course it wasn't - the
Tribes have five years to commence litigation of their claims from the Animas and La Plata
rivers. In 1998, Secretary of the Interior Babbitt proposed what has been called Animas-La Plata
Ultra Lite -- a project limited to Indian and M&I uses. The State, tribes, water users,
congressional staff, and representatives of the Administration resolved their differences relating
to environmental sufficiency language, delinking from additional project facilities, and
repayment by non-Indians and the resulting legislation, sponsored and supported by both of
Colorado's senators and Representative McInnis, was enacted and signed into law. This was a
real team effort on Colorado's part; The Administration included $12 million for ALP
construction in the FY02 budget. Our delegation supports a figure of $21.6 million, which our
office has supported. Going into the summer recess, the energy and water appropriations
subcommittees in both houses were recommending $16 million, and the appropriations
process is still ongoing. Our office is assisting in amending the 1986 cost-sharing and
escrow fund agreements to conform to the reduced project.

9. ,Goldell Boat Chute,liti2ation, 98CW448, Division].

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,Issue: '; ~,. 'Whether the Color;do Sllpreme COllrtsho~ld overturn the water court's
,.decision in, this case. the WaterQ()urtgr\\ntedG<!lden its entire requested J .'
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,appropriation for up tol OOOcfs~ .jl}.clllding}dghttiiUc and winter uses.

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Decision:

The CWCB's Notice of Appeal was filed on July 30,2001.

Discussion: The transcript is due on October 29, 2001. However, the court
transcriber has suggested that he might be unable to finish it by that date, in which
case, the court generally grants and extension of time as a matter of course. Once the
transcript is filed, the Opening Brief will be due 45 days later.

10. Sportsman's Ranch ("SPCUP") South Park Con.iunctive Use Pro.iect, 96CW14,
Division 1.

Issue: The application proposes a so-called conjunctive use project in South Park.
Applicant proposes to pump ground water to create a void in the aquifer, then divert surface
water into the aquifer for storage and later withdrawal. The City of Aurora contracted with the
Applicant for use of the withdrawn water.

Decision: On June 1,2001, the Water Court issued an Order Dismissing Application,
pursuant to C.R.C.P. 41 (b )(1). The Court found that the groundwater model offered by