Laserfiche WebLink
Tienken <br />Hill ATTORNEYS <br />AT LAW <br />.- ur <br />James C. Tienken, P.C. <br />Alan G. Hill, P.C. <br />October 1, 2010 <br />City Council Water Committee <br />CITY OF LOUISVILLE <br />749 Main Street Louisville CO 80027 <br />Re: Application of City of Louisville <br />Case No. 07 CW 310 <br />Marshall and South Boulder Coal Creek Transfer Case <br />Dear Members of the Water Committee: <br />The above- captioned case was filed with the water court in <br />December, 2007, requesting a change of water rights of certain <br />shares in the Farmers Reservoir and Irrigation Company, Marshall <br />Division, and the South Boulder and Coal Creek Irrigating Ditch <br />Company from irrigation to municipal use. Nine opposing parties <br />filed Statements of Opposition to the application: Public <br />Service Company of Colorado; Eldora Enterprises, LLC; the City <br />of Boulder; the City and County of Broomfield; the Water Users <br />Association of District No.6; Eldorado Artesian Springs, Inc.; <br />the Town of Superior; the Farmers Reservoir and Irrigation <br />Company; and the City of Westminster. <br />A very detailed engineering report has been prepared by the <br />city's consulting water engineers, and distributed to the other <br />parties to the case. In addition, a proposed referee's ruling <br />has been circulated to the parties for their review and comment. <br />Typically, water court cases are placed on the water <br />referee's docket, which is a more informal process than being on <br />the judge's docket. There is no formal discovery (depositions, <br />interrogatories, etc.) and no trial date is set. Accordingly, <br />having a case on the referee's docket provides a good <br />opportunity for informal settlement discussions, and possible <br />resolution of the case by stipulation and agreement. <br />However, cases on the referee's docket have no procedural <br />deadlines; this makes it difficult to encourage other parties to <br />review the engineering report and the proposed ruling. In the <br />city's pending case, the engineering report was distributed over <br />a year ago, and the proposed referee's ruling was distributed a <br />number of months ago. To date, we have not settled the case <br />with any other party, and, in fact, have not received comments <br />from any other party. In order to push the case forward, it is <br />possible to "re- refer" the case to the judge's docket. Once the <br />" In the Historic State Mercantile Building 11 801 Main Street, Suite 120 l- Louisville, CO 80027 * Phone 303.673.9373 *Fax 303.926.0853 <br />