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<br />. <br /> <br />. <br /> <br />Ie <br /> <br />BEFORE THE COLORADO WATER CONSERV AnON BOARD <br />STATE OF COLORADO <br /> <br /> <br />Opposition to Pacific/Desert, LLC Motion to Intervene <br /> <br />IN THE MA ITER OF STAFF'S RECOMMENDA nONS FOR AN IN STREAM FLOW <br />APPROPRIA nON ON HORSEFLY CREEK, WATER DIVISION 4 <br /> <br />Pursuant to Rules 5k. and 51. of the Rules Concerning the Colorado Instream Flow and <br />Natural Lake Level, 2 CCR 408-2 ("ISF Rules"), the Staff of the Colorado Water Conservation <br />Board ("Staff'), through the undersigned counsel, hereby submits its Opposition to <br />Pacific/Desert Partners, LLC ("Pacific") Motion to Intervene regarding Staffs recommendation <br />for an instream flow ("ISF") appropriation on Horsefly Creek. In support of this Opposition, <br />Staff states: <br /> <br />I. Under Rule 5k. of the ISF Rules, Notices to Contest the ISF appropriations are <br />due by March 3151, Accordingly, Pacific is over 7 months late in filing their <br />Notice to Contest. <br /> <br />2, <br /> <br />While Rule 51. ofthe ISF Rules affords the Colorado Water Conservation Board <br />("Board") the discretion to grant or deny party status for "good cause shown," <br />there are no proceedings at this point in which to join as a party, Party Status is <br />for those persons wishing to join in contested proceedings, This ISF <br />recommendation is no longer contested and, as stated above, the deadline for <br />doing so has long since past. Accordingly, there is no basis under the rules for <br />allowing a Motion to Intervene or Notice to Contest at this time, <br /> <br />3, Pacific will not be prejudiced by the Board's denial of the Motion to Intervene. <br />Counsel for Staff has assured Pacific that Staff will address Pacific's concerns <br />regarding their existing water rights before the water right application is filed in <br />court. In the event Pacific's concerns have not been addressed by December 31st <br />2005, the deadline for filing the application with a 2005 adjudication date, Pacific <br />may file a Statement of Opposition to the application. <br /> <br />4, If the Board grants Pacific's Motion to Intervene, the ISF water right on Horsefly <br />Creek will lose an entire year of priority, The November meeting is the last <br />CWCB meeting for 2005, If the Motion to Intervene is granted, CWCB will not <br />be able to take action on the recommendation until 2006. Thus, contrary to <br />Pacific's contentiorts, CWCB will be greatly prejudiced by Pacific's participation <br />in the administrative process at this time. <br />