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<br />_____ ~ AX NJI.L.ij11J23B.119.9.. <br /> <br />..--P-,-02 <br /> <br />. <br /> <br />BEFORt! THE COLORADO W A TRR CONSERV A TION BOARD <br />STATE OF COLORADO <br /> <br />IN nm MA'nER OF STAPF'S RECOMMENDATIONS FOR AN INSTREAM <br />FLOW APPROPRIATION ON HORSEFLY CREEK, WATER DIVISION 4 <br /> <br />UNITE}) STATES DEPARTMENT OF INTERIOR, BUREAU OF LAND <br />MANAGEMHNT <br /> <br />OI')'OSITrON TO MOTION TO INTERVENE <br /> <br />. <br /> <br />The United Stlltes Department of Interior, Bureau of Land Management, ("BLM") <br />hereby opposes the motion entered by Paei1lclDesert Partners, LLC to intervene in the <br />Colorado Water Conservation Board's (CWeB) administrative proceedings regarding an <br />inslream flow appropriation on Horsefly Creek, The ("BLM") collected the dala utilized <br />by the CWCB as purt of the proceeding, and it submitted a formal in stream flow <br />recommendation on Horsefly Creek to the eWCB, As the fOTTllal recommending <br />ugeney, the BLM is automatically a pl\rLy to this administrative, pursuant to Rule 51(4) of <br />the Rules Concerning the Colomdo Instream Flow and Natural Lake Level Program <br />("Rules"). In support of this opposition, the BLM states: <br /> <br />1. The BLM was a full participant in the CWCB's rule.making process for <br />inslream flow appropriations, The Rules were adopted by the CWCB for the exprcss <br />ptlrpose of preventing the Jast-minute entry of new parties into administrative <br />proceedings for illstream flow appropriations. Last-minute intervention of parties in this <br />lldrninistn\tive proceeding will create prejudice because such intervention will prevent the <br />CWC13 from instructing its counsel to tile an instream flow application on Horsefly <br />Creek by the close of the calendar year, This delay will allow other parties to file water <br />rights applications that would be senior to the instream flow appropriation and such <br />llpplications could potentially change water availability calculations used to support the <br />instream flow appropriation, Rule 5.1 was designed to give the CWCS discretion to <br />grant entry to parties when such intervention would not prejudice the administrative <br />pn>eeeding, and when such entry would not force the CWCB to change the schedule <br />outlined in the Rules, <br /> <br />. <br /> <br />2, The fiLM docs not believe that a cwcn meeting agenda item creates a formal <br />opportunity for lldditional parties to intervene, Counsel for Eldred Family Colorado <br />Limited Partnership ("Eldred") timely filed a notice to contest. The agenda item is <br />simply notice to the CWeB of the consummation of settlement negotiations with Eldred, <br />If the motion to intervene is granted based upon the e)(istenee of an agenda item, it will <br />create a precedent undcr which multiple patties can request motions to intervene <br />