BOARD02343

• Board Meeting Date: 7/18/2005
• Description: WSP Section - Upper Gunnison River Water Conservancy District ‎(RICD)‎ - Consideration of Request from the Applicants Relating to the Remanded Hearing
• Board Meetings - Doc Type: Memo

is to the findings to. be made by the CWCS as set forth In CRS. 37-92-

102(6)(b)(I)-(V).)

In further proceedings atter issuance of the mandate, Applicant has

advocated that this Court find that three of the five statutory factors have been

resolved, both by the CWCS and the trial court in this matter, and therefore,

according to the law of the case doctrine, need not be further considered. As to

the remaining two issues, compact impairment and maximum utilization, they

urge this Court to direct the CWCS that no new evidentiary hearing Is required,

that the CWCS need only to consider the evidence in the existing record, and

apply the Supreme Court's directions. They further request that this order of

remand define the scope and timing of further proceedings before the CWCS.

The Colorado River Water Conservation District supports the position of

the Applicant, and further noting specifically that the CWCS should consider the

claim presented by the Applicant, and not suggest that a new hearing is required

because of stipulations reached, as in this instance, between the Applicant and

the River District, following the hearing before CWCS but before trial.

The CWCS argues that the position taken by the Applicant is contrary to

the remand order from the Colorado Supreme Court, wherein remand was to

consider all five statutory factors, not just two, that telling the CWCS how to

proceed would be violative of the constitutional provisions for separation of

powers, and it would be inappropriate for this Court to require findings and

recommendations on or before July 18, 2005.