Water Committee Agenda and Packet 2011 03 04

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February 17, 2011 Page 3 of 4 Water court cases tend to be moved along by the applicant at the applicant's own pace. In most of these cases, the City will participate in the process, but mostly to assure that the appropriate terms and conditions are in the final decree that adequately protect the City's legal and physical ability to obtain its water. The City and County of Broomfield has two pending exchange cases, Case Nos. 04CW310 and 06CW288. An appeal by Boulder in Case No. 04CW310 is currently pending in the Colorado Supreme Court, as is 06CW288. The City worked diligently to settle its concerns prior to trial in both cases, and was able to stipulate to the proposed decrees. Louisville has monitored the appeals, but has not participated. None of the other pending cases are currently set for trial. Some of the cases are likely have a significant impact on the City's water rights system, and the City will be prepared to proceed to trial if appropriate terms and conditions cannot be negotiated to adequately protect the City's interests. Other cases may have an adverse impact on the City's water rights portfolio, and will be monitored as they proceed through the system. In a few of these pending cases, including the applications of Eldora Ski Area and Eldorado Artesian Water, the applicants are operating pursuant to Substitute Water Supply Plans SWSP's), through which they are allowed to operate certain elements of their proposed augmentation plans under annual approvals from the State Engineer's office. In most of these cases, we are in a responsive position, responding to information forwarded to us. We monitor the SWSP's each year, and will object to the renewal in circumstances in which it protects the City's water rights. We are working more closely with Eldorado Artesian Water, which provides water for Eldorado Springs, the swimming pool, and the bottled water company, regarding its SWSP and pending plan for augmentation. Eldorado diverts water from South Boulder Creek in Eldorado Springs, which can have a direct impact on the City's water supply.