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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 />further restrictions with the Colorado River District, for the reasons more fully <br /> <br />explained in the River District's brief, do not compel a new hearing. See <br /> <br />generally Colorado Board of State Examiners v. McCroskev, 940 P.2d. 1094 <br /> <br />(Colo. App. 1996) <br /> <br />The Court is persuaded, however, that it is inappropriate for the Court to <br /> <br />tell the CWCB when it shall issue its findings and recommendations. See <br /> <br />Envirotest SYStems COrD. v. Colorado Deoartment of Revenue, 109 P,2d 142, <br /> <br />(Colo.2005), relying on Colorado Health Facilities Review Council v. District <br /> <br />Court. 689 P.2d 617 (Colo. 1984). Stated differently, the Court is persuaded that <br /> <br />a briefing schedule (based on legal argument and references to the record now <br />. <br /> <br />available) on the two disputed issues should be established by the CWCB. From <br /> <br />that record theCWCB, consistent with the Supreme Court's ruling, should make <br /> <br />determinations as to the two disputed 102(6)(b) factors. <br /> <br />The Court is persuaded that this is consistent with the positions of the <br /> <br />parties through trial on this matter, the law of the case, judicial economy, <br /> <br />minimizing the cost and burden to all of the tax-paying entities involved in this <br /> <br />litigation, and is consistent with the separation of powers with respect to the <br /> <br />functions of the CWCB under the statutory construct of Senate Bill 216, and the <br />remand order from the Colorado Supreme Court. <br /> <br />The Court orders as follows: <br /> <br />1. This matter is remanded to CWCS for factual findings on the two <br /> <br />contested 102(6)(b) factors, consistent with the stipulations of the parties in this <br /> <br />case. <br />
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