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<br />II Water suits ongoins
<br />
<br />issue for San Luis Valley
<br />
<br />By RUTH HEIDE
<br />AlalnO,'iU County Editor
<br />ALAMOSA - Water ballles continue
<br />in the courts.
<br />Rio Grande \VJler Conservation Di.".
<br />lrict Boord Attorney David Robbins up-
<br />daled the board Tuesday on ongoing wn-
<br />lef litigJtion.
<br />The boord is involved in litigation with
<br />Stockman's Water, Ihe group proposing
<br />10 export Valley Water from untleme::l.th
<br />the Baca R<lnch urea near Crestone,
<br />Stockman's hos 0 pending lawsuitagainsl
<br />the district
<br />The number of defendants in thntlitiga-
<br />lion was p3red down right before Christ.
<br />mas in a "Iollery" in which the suit, dis-
<br />missed three of the five named imJividu.
<br />
<br />. Please see Litigation p~ge 2
<br />
<br />Litigatipn
<br />
<br />. Continued from Pfge I
<br />
<br />als, "and the Olher tWO would remain
<br />the sacrificial Iambs," Rqbbins said,
<br />The district board, president Ray
<br />Wright and district manager Ralph
<br />Curtis were dismissed from the suit.
<br />while vice president Geo~ge Whitten
<br />and dislrict engi nee' A lIenlDavey "got
<br />Ihe shon straws" ond remain defen-
<br />dants in the suit, Robbins'lsoid,
<br />"We did succeed in havi~gthe court
<br />enter a dismissal of the :district, of
<br />: Ray, and of Ralph from "that Iitiga-
<br />lion," Robbins said,
<br />Robbins said "It is basically an ad-
<br />, minislrative action they are challeng-
<br />ing. The Inwsuir seeks certain recov-
<br />ery in Ihe way of injunctions against
<br />,'Ihe secretary and Ihe operating com-
<br />, mittee,Ourviewisifyou~regojngto
<br />challenge Ihe operating dommillee,
<br />you have 10 challenge the Irecord the
<br />commiuee relied on," I
<br />Robbins added thol S lockman' s rep-
<br />resentatives have never appenred be- '
<br />fore Ihe commillee. He said he of-
<br />fered to have them come before the
<br />committee. and dismiss t~e lawsuit,
<br />"They have been unwilling,to dismiss
<br />the lawsui.." '
<br />A Slalus conference is sel for Janu-
<br />ary 26 wilh Ihe V.S, District Magis-
<br />trale, he soid. At that time,lhe mailer
<br />will be set for trial, or a discovery
<br />schedule will be set, Robbi,ns said.
<br />"[ am quile confident the ,COU" will
<br />: find they do have an adminislralive
<br />: record before them :lnd that
<br />: Slockman's folks have to at least come
<br />: before the operaling commillee be-
<br />: fore challenging actions taken,"
<br />: Robbins said. He added thbtthere's
<br />tremendous federal law which sup-
<br />pons the posilion Ihol a p'erson needs
<br />to show up before the boatd before
<br />going 10 a judge. ,
<br />Robbins added that Stockman's has
<br />
<br />also "failed to declare Ihe basis on
<br />which they rely 10 3dvo.nce the Io.w-
<br />suit.
<br />"Unfortunately the hearing on the
<br />261h will be kind of ugly because we
<br />.ore going to have to strenuously ob.
<br />jectlo their failure" to give the basis
<br />for their \3wsuil.
<br />Robbins said the plaimiffs' allor-'
<br />ney is competent and used to work for
<br />Gale No"on in the Allomey General's
<br />office, He's just doing what his cIi.
<br />ems asked of him, Robbins said. "We
<br />are being very civil to one ::mother,
<br />but we are nOI gelting what we need,"
<br />Robbins said he believes what
<br />Stockman's wants "is to have the
<br />projecl abandon the wells on the Baca
<br />Ranch and do some olher things thilt
<br />I just don't think can practically be
<br />. done, given thc project operating cri-
<br />teria Ihat Congress specified, and
<br />given Ihe fact you don't Want to be in
<br />a position th."t anytime someone com-
<br />plains, you just abandon project fea-
<br />tures:'
<br />The district manages the Closed
<br />Basin Project. 0 water reclamation
<br />project.
<br />Robbins said Stockman's request
<br />is not one the district can accept under
<br />any circumstances,
<br />He predicled thai Stockman'S will
<br />conlend Ihallhe project is exceeding
<br />the two-foot draw down limitations.
<br />Robbins said several years ago "they
<br />'changed the way they were running
<br />the water on Ihe Baca," and he, be-
<br />lieves that is why they are showing
<br />declines, not because of the Closed
<br />Basin, ,
<br />The project monitoring wells are
<br />not showing those declines, he said,
<br />"So I am kind ofsusp,icious why they
<br />are seeing changes in water supply,"
<br />He said he is suspicious "whether this
<br />is a man:lgement problem versus a
<br />real problem,"
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