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UPDATE ON LOUISVILLE- <br />LAFAYETTE WATER <br />LITIGATION <br />Steve Williamson., City Water Attorney, updated <br />Council with regard to the settlement of the law <br />suit between the City of Louisville and the City <br />of Lafayette. A stipulation was signed on June <br />13, 1985, and the outcome was very favorable for <br />the City of Louisville. <br />The City of Lafayette received some decrees in <br />1979 approving miscellaneous changes of water <br />rights on agricultural rights it had acquired over <br />the years. The City of Louisville was not a <br />participant in the transfer proceedings. <br />Subsequently, thE~ City learned in 1981 that the <br />decrees were being interpreted and administered by <br />the Water Commissioner in a way that the City felt <br />to be improper and injurious to Louisville's water <br />rights principally with respect to diversion from <br />South Boulder Creek in the winter season. <br />Discussions went on with Lafayette for many months <br />and in August of 1.982 the City of Louisville was <br />faced with a 3 year statute of limitations on <br />filing formal proceedings and filed a petition to <br />have the court review. Subsequent to the time <br />that petition was filed, Williamson withdrew from <br />the case and the firm of Hill and Robbins of <br />Denver was retained as Counsel for the City of <br />Louisville. <br />Several offers and counter offers were made and <br />rejected over the :years and finally last week the <br />case went to trial_ and at noon on Wednesday, the <br />judge made certain oral rulings based on the <br />evidence he had received to that point in time and <br />immediately thereafter, Lafayette requested a <br />continuance and the balance of that day was spent <br />in negotiations. <br />A settlement agreement was reached among the <br />counsel who were i.n Greeley at the time. It was <br />outlined to the judge on the record. It was <br />discussed with Hundley and Williamson, and Noel <br />Hobbs the following morning then put in writing <br />and approved by everyone and filed on Thursday <br />with the Water Judge in Greeley. The settlement <br />is very close to what the City of Louisville <br />offered several years previously. Essentially the <br />stipulation provides a modification to the decrees <br />that were entered into in 1979. The Water Judge <br />will incorporate additional terms and conditions <br />that restrict Lafayette's diversions from South <br />Boulder Creek during the winter season. These <br />terms and conditions are designed to protect <br />5 <br />