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<br />. Glenn E. Porzak <br />Michael F. Browning <br />Richard A. Johnson <br />George V. Berg, Jr. <br />Steven J. Bushong <br />Michael J. Repucci <br /> <br />Porzak Browning & Johnson LLP <br /> <br />ATTORNEYS .AT .LAW <br /> <br />929 Pearl Street, Suite 300 . Boulder, CO B0302 <br />303 443-6800 . Fax 303 443-6864 <br /> <br />RECEiVE.D <br />t'lA'i 29 \998 <br /> <br />Wm. Ike Krasniewicz <br />Julie Schoenfeld <br />Kathleen M. Morgan <br /> <br />Of Counsel: <br />Neil C. King, P.c. <br /> <br />May 27,1998 <br /> <br />Colorado ';"'~"~d <br />Conservation 00 <br /> <br />Mr. Randy Seaholm <br />Colorado Water Conservation Board <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br /> <br />Dear Randy: <br /> <br />. <br /> <br />The purposes of the Recovery and Base Flow water right filings for the I5 Mile Reach of <br />the Colorado River (Division No.5 Case Nos. 9SCW296 and 297) were to benefit the <br />endangered fish in this reach of the river and to constitute an essential element of the Recovery <br />Program. As you are aware, at the May 4,1998 meeting of the Colorado River Biological <br />Opinion Discussion Group, representatives of the U.S. Fish & Wildlife Service indicated that the <br />proposed filings would nill benefit the endangered fish, and these filings would not be an element <br />of the Recovery Program. <br /> <br />In view of the foregoing, the original purposes and the bases upon which the <br />Conservation Board formed its intent to initiate these filings are no longer valid. Moreover, <br />given the admission that these filings will not benefit the endangered fish, the Conservation <br />Board is now on notice that it can no longer meet its burden of proof on these cases. As a result, <br />the Conservation Board would be subject to possible sanctions under Rule II of the Colorado <br />Rules of Civil Procedure (i.e., the award of fees and costs) were it to continue with these filings. <br />Given the large number of objectors, such sanctions could be considerable. In this regard, you <br />should have your legal counsel review c.R.S. 13-I7-102(5). <br /> <br />Accordingly, on behalf of the parties I represent in the aforementioned instream flow <br />cases, I urge that the Conservation Board immediately withdraw its applications in Division <br />No.5 Case Nos. 95CW296 and 95CW297. <br /> <br />Sincerely, <br /> <br />fZ <br /> <br />Glenn E. Porzak <br /> <br />. <br /> <br />fd2804 <br />