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<br />respec.com <br /> <br /> <br />720 South Colorado Blvd. <br />Suite 410 S <br />Denver, CO 80246 <br />303.757.3655 <br /> <br /> <br /> <br />December 14, 2018 <br /> <br /> <br />Ms. Lauren Ris <br />Email: Lauren.Ris@state.co.us <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />RE: Pueblo West Metropolitan District Comments on HB 13-1248 Colorado Springs <br />Utilities Pilot Project Proposal for CWCB Selection <br /> <br />Dear Ms. Ris: <br /> <br />On behalf of the Pueblo West Metropolitan District (Pueblo West), we are providing <br />comments on the pilot program request for January 1, 2020 through December 31, 2029 <br />submitted to the Colorado Water Conservation Board (“CWCB”) by the Lower Arkansas <br />Valley Super Ditch Company, Inc. (“Super Ditch”) and the City of Colorado Springs <br />(acting though its enterprise Colorado Springs Utilities (“CS-U”)) on November 16, 2018. <br />We have reviewed the pilot program request and following summarizes our comments. <br /> <br />First, we want to ensure that language agreed to in previous court cases between Pueblo <br />West and other parties (including CS-U) is adhered to during the operation of this pilot <br />program. The applicant should acknowledge that the exchanges to Pueblo Reservoir are <br />junior to and will be operated as junior to, the Pueblo West Metropolitan District <br />exchanges decreed in Case Nos. 1985CW134A (decreed (September 21, 1993), <br />1985CW134B (decreed June 8, 2009), and 2001CW152 (decreed January 4, 2008). The <br />Settlement Agreements, as part of Case No. 2009CW103, between Pueblo West, the <br />Board of County Commissioners of Pueblo County, the City of Colorado Springs, and <br />the Board of Water Works of Pueblo, dated November 23, 2010, the Pueblo West <br />exchanges are operated subject to the Flow Management Program referenced in Case No. <br />2009CW103, and may be subject to reduction or curtailment in accordance with the Flow <br />Management Program only to the extent provided in that Settlement Agreement. During