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<br />May 29, 2009 <br />Page 5 or 5 <br /> <br />the ditch and culvert to carry water, the trial court's attempt <br />to shift certain maintenance obligations to Boulder <br />impermissibly interfered with FRICQ's obligation and ability to <br />operate its Ditch. In addition, the Court of Appeals held that <br />Boulder was not obligated to monitor water quali in the ditch, <br />because there had been no showing that water quali ty problems <br />currently exist. <br /> <br />Louisville uses the Community Ditch to deliver water <br />associated with its FRICO/Marshall shares and its shares in the <br />South Boulder and Coal Creek Ditch, along with other water <br />carried in the ditch by contract. The water is delivered <br />through this ditch to Marshall Lake, to Louisville's raw <br />water treatment plant. <br /> <br />Louisville resolved its claims through the execution of an <br />Intergovernmental Agreement that was approved by the respective <br />city councils in mid-January 2007. We believe that the <br />Agreement provides substantial protections to the City, and also <br />sets out the framework for monitoring of the water quali ty in <br />the ditch. <br /> <br />Conclusion <br /> <br />We will continue to work with City stafr to insure that the <br />City's future water demands are met, both through water court <br />applications filed by the City and Statements or Opposition to <br />other pending applications. <br /> <br />Very truly yours, <br />TIENKEN & HILL, LLP <br /> <br /> <br />Alan G. Hill <br /> <br />AGH/cmc <br />cc: Torn phare <br />