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<br />Page 8 <br /> <br />Discussion: In 1983, Aurora filed for conditional water rights for direct flow and storage <br />rights for the project. The court awarded Aurora a decree in 1988. The case came before the <br />water court for a sexennial finding of diligence. The Coalition challenged the water court's <br />jurisdiction arguing that the original water application was not properly noticed. The Supreme <br />Court held that the water court possessed subject-matter jurisdiction over Columbine's <br />application; that the content of the published resume of the application was sufficient to provide <br />inquiry notice; and that the earlier decree could not be collaterally attacked at this time, since the <br />statutory time limit to substantively challenge a water court decree had expired. <br /> <br />Environmentalists' Notice ofIntent to Sue the U.S. for violations ofESA relating to lower <br />Colorado River Activities. <br /> <br />Issue: Do the operations of the Bureau of Reclarnation, Army Corps of Engineers, and <br />the International Boundary and Water Commission violate the Endangered Species Act, in that <br />they threaten various endangered species in the United States and in the Colorado Delta in <br />Mexico? <br /> <br />Decision: <br /> <br />A lawsuit has not yet been filed. <br /> <br />Discussion: On December 14, 1999, fifteen U.S. and Mexican environmental groups filed a <br />Notice ofIntent to Sue under the Endangered Species Act against nine federal agencies, <br />including the Secretary of the Department of the Interior. Their letter alleges that "the storage of <br />water in reservoirs at Lake Powell, Lake Mead, Lake Havasu, Lake Mohave; the generation of <br />electrical power at Glen Canyon Dam, Hoover Dam, Davis Dam, Parker Dam; the delivery of <br />water to contract holders in California, Arizona, and Nevada; declarations of surpluses; adoption <br />of annual operating plans; promulgation of regulations for the off-stream storage of Colorado <br />River water; and approval of the Imperial Irrigation District to San Diego water transfer" are all <br />discretionary federal activities subject to ESA consultation. Carol Angel and Jennifer Gimbel in <br />my office are coordinating with the other states, regarding litigation strategy, should this lawsuit <br />be filed. <br /> <br />AG FILE: <br /> <br />P:INRINRGIMBJL\CWCBIAGREPORT3900,DOC <br /> <br />8 <br /> <br />~ ~ ~-.., <br /> <br />e <br /> <br />re <br /> <br />- <br />- <br />