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<br />May 29, 2009 <br />Page 4 of 5 <br /> <br />through which they are allowed to operate certain ements of <br />their proposed augmentation plans under annual approvals from <br />the State Engineer's office. In most of these cases, we are in <br />a responsive position, responding to information forwarded to <br />us . We monitor the S1ivSP' s each year, and wi 11 obj ect to the <br />renewal in circumstances in which it protects the City's water <br />rights. <br /> <br />We are working more closely wi th Eldorado Artesian Water, <br />which provides water for Eldorado Springs, the swimming pool, <br />and the bottled water company I regarding its SWSP and pending <br />plan for augmentation. Eldorado diverts water from South <br />Boulder Creek in Eldorado Springs, which can have a direct <br />impact on the City's water supply. <br /> <br />Windy Gap Firming Project <br /> <br />The City will continue to obtain water from the Colorado- <br />Big Thompson ("C-B'T'" ) proj ect, and the Windy Gap ~ firming <br />proj ect" continues to progress. The firming proj ect involves <br />the construction of water storage facilities on the eastern <br />slope that will create a more reliable supply from western slope <br />water that is delivered pursuant to the Windy Gap project. The <br />City's interest in the Windy Gap project \vill provide additional <br />water storage, to be available during dry years. The project <br />will not be completed for a number of years, but it continues to <br />proceed through the environmental process. <br /> <br />City of Boulder/Farmers Reservoir and <br />Irrigation Company Matters <br /> <br />The Colorado Court of Appeals entered its Opinion on May <br />28, 2009. This case involved the appeal of a Boulder District <br />Court order primarily regarding a dispute over the modification <br />of the Community Ditch culvert under Highway 93 between the City <br />of Boulder, Farmers Reservoir and Irrigation Company ( ~ FRICO" ) <br />and the Colorado Department of Transportation (~CDOT"). The <br />case also involves issues regarding water quality in the Ditch, <br />the use of land adjacent to the Community Ditch between Eldorado <br />Springs and Marshall Lake, and the boundaries of FRICO's <br />interests in the land underlying and surrounding Marshall Lake. <br /> <br />The Court of Appeals reversed the al court, and <br />determined that although Boulder had demonstrated that the <br />modification could be done with no adverse impacts to the use of <br />