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JOHN W. SUTHERS Attorney General CYNTHIA H. COFFJ\V\.N Chief Deputy Attorney General DANIEL D. DOMENICO Solicitor General STATE OF COLORADO DEPARTMENT OF LAW STATE SERVICES BUILDING 1525 Shelman Street - 7th Floor Denver, Colorado 80203 Phone (303) 866-4500 OFFICE OF THE ATTORNEY GENER<\L June 28, 2007 TO: Colorado Water Conservation Board FROM: John W. Suthers Attorney General Carol Angel Pat Kowaleski First Assistant Attorneys General RE: Report of the Attorney General FEDERAL & INTERSTATE MATTERS 1. Forest Service Reserved Rights Cases, Case Nos. W-1146-73 et aI., Water Division 7 The United States has still not responded to the settlement offer that the state and the water users made in June 2003. The Southwest District has attempted to discuss the issue with the Forest Service, as part of the Governmental Water Roundtable, a forum for water issues relating to the amendment of the San Juan Forest Management Plan, but the Forest Service has not been receptive to these requests. 2. Southern Ute and Ute Mountain Ute Tribes' Settlement Case Nos. 7-W-1603-76F & 76J, 02- CW-85 & 86~ 01CW54. The State and other settlement parties have moved to dismiss CPA's appeal of the A-LP diligence case before the Colorado Supreme Court, based on CPA's failure to file a timely opening brief despite five extensions of time. If the motion is denied, we will file a joint response brief with the SWCD, U.S., and two Ute tribes. Meanwhile, the next diligence application for the A-LP Project is due on August 31 of this year. In the four related cases granting the tribal change applications and modifications of the tribal consent decrees, CPA filed an amended notice of appeal on June 18, 2007, so its opening brief isn't expected until October.