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<br />001630 <br /> <br />V. Summary of Issues <br /> <br />A. Kansas v Colorado litigation <br /> <br />1. Issues pending <br />a. whether Pueblo Reservoir Winter Water program has caused material depletion <br />to JMR inflows or state line flows <br />b. whether groundwater development above and below JMR has depleted JMR <br />inflow and/or state line flows <br />c. if depletions have occurred, what remedies will be required from Colorado <br /> <br />2. Other issues resulting from suit <br /> <br />a. ARCA reluctance to consider any development related issues <br />(1) Keesee Transfer (moving water from below JMR to Pueblo) <br />(2) Trinidad Reservoir Operating Plan revisions <br /> <br />B. Recreation Development. Ken Salazar has high priority goal of building new State <br />Park in SE Colorado. Primary focus is on JMR or the Great Plains Reservoirs. <br />Related to this initiative is need to firm up water supply for Trinidad and JMR <br />existing permanent pools which is high priority of DOW <br /> <br />1. Permanent pool water must be from existing (pre-compact) Colorado water rights <br />or transmountain sources so as not to interfere with JMR storage <br /> <br />a. DOW has Catlin shares obtained for transfer to JMR, but repeated transfer <br />applications in water court have been denied. <br />b. State contracted with City of Trinidad to keep permanent pool a Trinidad Lake <br />full, but City has been unable to perform to date. City is supposed to be <br />obtaining transfer decrees. DPOR has discussed methods of forcing City to <br />comply with contract. <br />c. DPOR has expressed interest in enlarging permanent pool at Trinidad, which <br />is possible with additional capacity discovered during resurvey. However water <br />rights to fill that space would have to be obtained. <br /> <br />2. Great Plains Reservoirs <br /> <br />a. These are a cluster of off-channel reservoirs owned and operated by Amity <br />Canal approximately 15 miles north of Lamar <br />b. They are filled by the Kicking Bird Canal, a diversion off of the Fort Lyon <br />Canal, near La Junta above JMR. <br />c. The storage diversions are subject to very high transit losses in Fort Lyon and <br />Kicking Bird Canals (over 80 miles). . <br /> <br />14 <br /> <br />_J _~ <br />