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<br />~ieJtl:ken ~. <br />i}j;/?/.Hilll ~;l~~NEYS <br /> <br />James C. Tienken, P.c. <br />Alan G. Hill, P.C. <br /> <br />ill <br /> <br />May 29, 2009 <br /> <br />Mr. Malcolm Fleming <br />City Manager <br />CITY OF LOUISVILLE <br />749 Main Street <br />Louisville CO 80027 <br /> <br />Re: Update on Pending Water Matters <br /> <br />Dear Mr. Fleming: <br /> <br />Please let this letter serve as an update on pending water <br />matters for the City for the Water committee meeting on June 5, <br />2009. <br /> <br />Pending Water 'Court Applications <br /> <br />The City presently has two pending water court <br />applications. A water court application was filed in December, <br />2007, seeking to incorporate water associated with addi tional <br />Farmer's Reservoir and Irrigation Company (FRICO) Marshall <br />shares and South Boulder and Coal Creek (SBCC) shares into <br />Louisville's system. The application includes shares acquired <br />by the City since the last transfer of Marshall and SBCC was <br />completed In 1995. <br /> <br />This case will allow water <br />recently acquired FRICO/Marshall <br />incorporated into the City's system, <br />rights portfolio. <br /> <br />associated <br />and SBCC <br />adding to <br /> <br />with the more <br />shares to be <br />the City's water <br /> <br />Ten Statements of Opposition were filed, by Water Users <br />Association of District No.6, Town of Superior, State and <br />Division Engineers, Public Service Company of Colorado, Farmers <br />Reservoir and Irrigation Company, Eldorado Artesian Springs, <br />Inc., City of Westminster, City of Boulder, City and County of <br />Broomfield, and Eldora Enterprises. This is not an unusual <br />number of parties in this type of case. We were able to <br />negotiate a settlement with the Colorado Water Conservation <br />Board (the owner of minimum in-stream flow rights), so that the <br />CWCB did not file a Statement of Opposition. <br /> <br />""" In the Historic State Mercantile Building 1'1. 801 Main Street, Suile 120 if!- PO Box 550 1*- Louisville, CO 80027 if!- Phone 303,673.9373 if!- Fax 303.926.0853 _ <br />