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BOARD02341
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BOARD02341
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Last modified
8/16/2009 3:14:43 PM
Creation date
10/4/2006 7:14:08 AM
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Board Meetings
Board Meeting Date
1/24/2006
Description
Report of the Attorney General
Board Meetings - Doc Type
Memo
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<br />e <br /> <br />e <br /> <br />. <br /> <br />(unjustlv. in our opinion) for a discovery scheduling dispute. signaling that he IS really tired <br />of thcse cases (as are lye all). <br /> <br />4. Black Canyon of the Gunnison National Park Reserved Rights Casc, No. \\-437. <br />Water Division 4. <br /> <br />The state water court case rcmains stayed, all"aiting rcsolutlon of the environmcntal <br />objectors' federal action before quantification can proceed. Judgc Bnmmer has ordered oral <br />argumcnts in the federal court casc brought by the environmental groups. The argumcnts arc <br />scheduled for I p.m March 9th in Dcnver. <br /> <br />5. Trout Unlimited v. Department of Agriculture. <br /> <br />Briefing on our appeal to the Tenth Circuit is now complete. We continue to work <br />closcly with The Water Supply and Storage Co. and Greelcy in this matter. In the District <br />Court, the Court denied our motion to stay. After discussion, thc water users decidcd not to <br />ask the Tenth Circuit to reconsider the stay. The Forest Service is going forward with its <br />reconsideration of the rescrvoir's permit, schcduling a public scoping meeting for Fcbruary <br /> <br />6. Grccn Mountain Reservoir/Heeney landslide case. <br /> <br />On August 7, 2003, the Colorado River Water Conservation District and sevcral other <br />west-slope entities filed a petition against the Burcau of Reclamation in U.S. District Court <br />for Colorado to enforce the provisions of the Blue River Decree. The Ivest slopc petitioners <br />sought changes of Bureau of Reclamation's policy conccll1ing opcration of Green Mountain <br />Reservoir. In Novell1bcr 2005, the principal parties reached a scttlcment of the opcration of <br />Green Mountain Reservoir. Parties to the settlement include the Colorado River Watcr <br />Conservation District and several west slope user groups, the Northell1 Colorado Water <br />Conservancy District, the U.S. Department of the Interior, and the State of Colorado. The <br />settlcment sets forth a procedure for allocating operational shortages among the storage pools <br />in Green Mountain, and for cooperation to alleviate future operational rcstrictions. All <br />parties have dismissed the case following settlement. <br /> <br />7. South Platte Three-State Cooperative Agreement. <br /> <br />The drafting subcommittee mct on November 29 and approved the major program <br />documents: (I) the Program Agreement (the document actually signed by the Govcrnors and <br />Secretary to create the program); (2) the Program Documcnt (the docu1l1cnt that sets the <br />details of the program and includes our depletions plan); and (3) the Milestones document <br />(the document that scts the conditions for ESA compliance). Thc only slight change was to <br />clarify that the 130,000 to 150,000 acre fcet of water provided to reduce Target Flow <br />shortages only had to be "capable" of reducing the shortages and did not actually have to <br />reduce the shortages. This was neccssary because the Environmental Account Manager <br />plans to releasc over half of each year's water in years 5-13 in a two day period to create <br />pulse flows (in the first 4 years it will be 100% of the water). The committec also added a <br />third party enforcement prohibition to prevent environmental groups Ii-om suing to cnforce <br /> <br />, <br />~ <br />
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