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Last modified
8/16/2009 3:14:43 PM
Creation date
10/4/2006 7:14:09 AM
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Board Meetings
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
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<br />., <br /> <br />. <br /> <br />For the Reply, Applicant argues that the Court indeed has the power to <br /> <br />determine the question of whether or not the remand to the CWCS should be on <br /> <br />the already developed record or not,. that three of the findings are undisputed and <br /> <br /> <br />should be considered as. the law of the case, and that for the Court to not do so is <br /> <br />a violation of the senaration of DOwers. ThA AnnliC'.::mt ~mIJA!; th~t ~nnthAr C'.n!;tlv <br />...- --.------------ -- r--.---- ----..;r-r-n--..--.~---n.---..--..-. ---.".1 <br /> <br />"full-blown" evidentiary hearing would be unnecessarily expensive to the <br /> <br />taxpayers, noting that all major parties in this case are govemmental entities, that <br /> <br />all necessary information for the required findings is available in the record, and a <br /> <br />delay may prejudice Applicant. <br /> <br />This Court has previously concluded, as has the CWCS, that access, <br /> <br />reach, and in-stream flow rights are not in controversy, more particularly, that <br /> <br />Applicant's proposal comports with those three 102(6)(b) factors. Accordingly, <br />there is no need for further findings as to those three 102(6)(b) factors. The <br /> <br />Court recognizes that the Supreme Court references ''five factors,' as delineated <br /> <br />in the statute, however, these three were undisputed, and even stipulated at trial. <br /> <br />The law of the case argument of Applicant, relying on PeoDle v. ROYbal, 672 P.2d <br /> <br />1003 (Colo. 1983), is persuasive. <br /> <br />The Court's reading of the decision of the Supreme Court in this case <br /> <br /> <br />references the need for CWCS to make factual findings, not to conduct yet <br /> <br />another hearing. The Court, from the oral argument and from the briefing, cannot <br /> <br />conclude that any additional evidentiary presentation is necessary, or that the <br /> <br />Supreme Court has ordered any such hearing. There has been no showing of <br /> <br />new evidence to warrant such a hearing. The fact that Applicant stipulated to <br />
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