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<br />01 <br /> <br />~ <br />N <br /> <br />~nt by: K/H/G & K LLC <br /> <br />303 293 9705; <br /> <br />03/11/97 f:30PMjJedaK ,646jPBge 3/3 <br /> <br />March 11, 1997 <br />Page 2 <br /> <br />Fut1:her, the proposed CWCB action woold violate the Process Standstill Ajreement As <br />you know. all of the parties yo~ have convened to participate in the RomerlScltoettler discussion <br />process have signed a Standstlll Agree<nent. That Agreement was one of the parties' <br />prerequisites to be&inn;.,g the discussions; run Loch~""d was inllt:rumentaI in helping 1he parties to <br />anIft the Agreement. The eq:uess purpose of the Agroement Is to put on hold activi1ies that may <br />drain the par1ies' resources or be a source of public coaflict, The State of Colorado is directly <br />affected by this Agreement. Among the $pe'ificany prohibited (or postponed) actions are <br />discussion and action by the Colorado Water Consemltion Board on a lam! tnwsfi:r ~"'ry for <br />consttuction of the proposed project. The Standstill Agreematt also puts on hold the negotiation <br />of new cost sharing or repayment agreements; this, too, directly affects the CWCB. In fiwt, both <br />issues have specificilly been removed from the Board's agenda because of the Standstill <br />Agreement. Further, the Agreement provides that new items IIIllY be added to the list of <br />prohibited actiOD8 as they come to light. Since the Agreement prohibits CWCB discussion of a <br />1and transfer necessary for a stlUCtufaI prQiect, how can it possibly permit the CWCB to put its <br />stamp of approval on a structural project? Since the Agreement prohibits CWCB disc:ussion of an <br />amended cost-sharing agreemeatfur a Structunll project, how cim it conceivably a1low the Board <br />to endOClle a structImd, and only a structural, project?l <br />You should be aware that wbile Colorado, the ,Citizens' Coalition, the Secrelaly of <br />Interior, ami others have signed extensioPS of the Stand'ltU1 Asreemeat to keep it in effect through <br />the present time, the Anin:Ias- 4 Plata Water CoIlservanoy District bas nol. This does not affect <br />the fact that the State of Colorado has committed it:sett: since the lx:ginning of the Process, to <br />creating the conditions d;Iat it an(\ Qtbers agreed are oc:cemwy fur these discussions to take place. <br />We do llOtsee bow the State CO!JidaDowthe CWCB~Uke~actionit prop= to take <br />without violating the.Agreemem to'wbichtbe StateiscurreiUly 8:..paIty, <br /> <br />The proposed CWCB endorsemeot of a structura1 project would compromise the integrity <br />of a process to which we have collcctively devoted thousands of hours , It would also violate the <br />StandstiJI Agreement. We ask that under the circumstances, you please instruct the CWCB to <br />defer action on this matter. <br /> <br />ANIMAS RIVER CITIZENS' COALITlON <br /> <br />BY~ <br /> <br />Maggie Fox, 449-5595 <br />Lori Potter, 296-9412 <br />Kenley Bronsda!e, Southern Ute Grassroots Org'n <br /> <br />co: J1m Lochl1ead; Doug Young (fur distn'bution to Process panicipants) <br />