Water Committee Agenda and Packet 2009 06 05

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May 29, 2009 Page 2 of 5 We have circulated the engineering report prepared by Boyle Engineering to the other parties, and have begun negotiating with the parties. We anticipate having a proposed ruling (decree) other parties by the end of June, 2009, and will follow each objector by the middle of August, 2009. We believe can resolve the case with some objectors by September 30, to the up wi th that we 2009. In the event that there are some parties that have not stipulated to the proposed ruling, we would anticipate moving the case toward trial, by filing the necessary motions with the court in early October of this year. A trial date would be set for sometime in 2010. The other pending application seeks to make absolute certain previously conditionally decreed water rights, and to maintain the conditional status of other water rights, all involving the irrigation of Coal Creek Golf Course. Colorado law provides for the entry of decrees for ~conditional water rights,H in which the applicant demonstrates the intent to divert water and apply it to a beneficial use, but without actually demonstrating that water has been diverted and beneficially used. This allows the applicant to have certainty in its seniority of water rights prior to actually constructing the facilities to use the water. Louisville obtained various priorities to utilize water out of Coal Creek to irrigate the gol f course, and has continued to develop the sys tem over the past fifteen years. Diligence applications must be filed every six years until the water rights are made absolute. As indicated, a portion of the rights will be made absolute in this proceeding, and the conditional status of other water rights will be continued. Statements of opposition to Water Court Applications Water court applications are published by the water court on a monthly basis, and we review the applications on behalf of the City. ~1]e then consult with staff to determine which water court applications should be contested by the City. The City is presently a party in a number of pending water court cases: