BOARD02394

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Horsefly Creek - Motion to Intervene and Notice to Contest
• Board Meetings - Doc Type: Memo

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5, Even assuming Rule 51. of the ISF Rules were applicable, Pacific has failed to
show good cause for this eleventh hour entry, The case that Pacific cites to in
support of the proposition that they have shown good cause pertains to the extent
to which a landowner's late entry did not affect their ability to participate in a
water court proceeding because they did not have personal notice of the
application, The case is in no way analogous to this situation, In fact, it is
precisely this sort of water court proceeding in which Pacific will have an
opportunity to participate, thereby affording them every opportunity to protect
their rights.

WHEREFORE, because: I) Staff has already gone through the administrative process
and reached stipulations with other parties; 2) Pacific's eleventh hour entry will delay the
ISF appropriation by a year, thereby greatly prejudicing CWCB; 3) intervention at this
time is not necessary for the protection of Pacific' s interests; and, 4) Pacific is over 7
months past the deadline pursuant to Rule 5k., Staff requests that the Board deny
Pacific's Motion to Intervene,

Respectfully submitted this 7th day of August 2005,

.

JOHN W, SUTHERS
Attorney General

V:~l~

VIRG IA BRANNa , 0346*
Assistant Attorney General
Natural Resources and Environment Section
Attorneys for Staff of CWCB
1525 Shennan Street, 5th Floor
Denver, Colorado 80203
Telephone: [phone]
FAX: [phone]
*CounselofRecord

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