Ctrm: District Court, Water Division No.7, Colorado La Plata County Courthouse 1060 E. Second Ave., Rm. 112 P.O. Box 3340 Durango, CO 81302

Transcription

1 District Court, Water Division No.7, Colorado La Plata County Courthouse 1060 E. Second Ave., Rm. 112 P.O. Box 3340 Durango, CO DATE FILED: October 28, :48 PM FILING ID: 30BFAB307A48B CASE NUMBER: 2013CW3011 IN THE MA TIER OF THE APPLICATION FOR WATER RIGHTS OF: THE SOUTHWESTERN WATER CONSERVATION DISTRICT, IN LA PLATA COUNTY, IN LA PLATA COUNTY. COURT USE ONLY Attorneys for Opposer United States of America: ROBERT G. DREHER Acting Assistant Attorney General Andrew "Guss" Guarino, Trial Attorney U.S. Department of Justice Indian Resources Section Environment and Natural Resources Division th Street, South Terrance, Suite 3 70 Denver, CO Atty. Reg. No.: # 21,864 Phone Number: ( FAX Number: ( guss.guarino@usdaj.gov Case Number: 13CW3011 (07CW55, 01CW54, 94CW51, 88CW48, 84CW59, 80CW237, 80CW101, W-190 Div. 4 Ctrm: STATEMENT OF OPPOSITION IN SUPPORT 1. Name, mailing address, telephone number(s of Opposer: United States of America c/o U.S. Department of Justice Environment and Natural Resources Division h Street, South Terrance, Suite 370 Denver, CO Case No. 13CW30ll Page I

2 ( United States Bureau of Reclamation Western Colorado Area Office 185 Suttle Street, Suite 2 Durango, CO Name of Ditch or Structure: See Application to Make Absolute and for a Finding of Reasonable Diligence, filed August 29,2013 by the Southwestern Water Conservation District ("Application" and as reflected in the water resume. 3. State facts as to why the application should not be granted or why it should only be granted in part or on certain conditions: The United States supports this Application based on its interest in the Animas-La Plata Project ("ALP", which is a federal water project owned by the U.S. Department of Interior, for which the United States Congress delegated construction responsibility to the Department of Interior, Bureau of Reclamation ("Reclamation". Reclamation commenced construction of the ALP in 2001 and construction was completed in 2013 This Application addresses water rights that are essential to the operation of the ALP. The water rights addressed in the Application are the same water rights that this Court previously addressed in Case No. OICW54 and 07CW55. The instant Application addresses the period of August 2007 to August The United States supports the Application for the same reasons it sought intervention and participated in previous instances. The Application provides additional information regarding the United States' interests and the activities of the last six years that support a finding of reasonable diligence. 4. The United States reserves the right to support or oppose this application if the facts warrant such action and to raise other issues of concern if the Application is supplemented and as more facts become known through discovery or otherwise. 5. This Statement of Opposition in Support is continuing and applies to any amended applications that might be filed, so that the filing of additional or renewed statements of opposition shall not be necessary. Case No. 13CW30 II Page2

3 Dated thisz?2day ofoctober, An rew "Guss" Guarino Trial Attorney, CO Atty. Reg. No. 21,864 United States Department of Justice Indian Resources Section Environment & Natural Resources Division ATTORNEYS FOR THE OPPOSER UNITED STATES OF AMERICA Case No. l3cw3011 Page 3

4 VERIFICATION STATE OF COLORADO r / COUNTY OF La_ Pfa:::ta. I, Ryan Christianson, state under oath that I have read this Statement of Opposition in Support to the water rights application described in Case No. 13CW3011 in Water Division 7 and verify its contents. Ryan Christianson Water Management Group Chief Bureau of Reclamation Sworn and Subscribed under oath before me on this~ day of October, LINDA A WINTERS NOTARY PUBLIC STATE OF COLORADO NOTARY MY COMMISSION EXPIRES APRIL 2e, 2017 My commission expires: STATE OF COLORADO COUNTYOF Case No. 13CW30 II Page 4

5 CERTIFICATE OF SERVICE L hereby certify that on thiil.s.~ of October, 2013, the foregoing STATEMENT OF OPPOSITION IN SUPPORT was served on the following by the ICCES or by first-class mail, postage pre-paid: John Barlow Spear, #13878 Adam T. Reeves, #26230 Maynes, Bradford, Shipps & Shcftel, LLP 835 r::. Second A venue, Suite 123 Durango, Colorado Peggy E. Montano, #11075 Trout, Raley, Montano, Witwer & Freeman p.c Lincoln Street, suite 1600 Denver Colorado, Division Engineer, Water Div. 7 Southwestern Water Conservation Dist. 841 East Second Ave. Durango, CO Office of the State Engineer Department ofnatural Resources 701 Camino Del Rio, Suite 205 Durango, CO Scott B. McElroy,# McElroy, Meyer, Walker & Condon, P.C Pearl Street, Suite 220 Boulder, CO Celene Hawkins and Peter Ortego Associate General Counsel, Ute Mountain Ute Tribe Attorney Reg. # P.O. Box 128 Towaoc, CO Case No. 13CW3011 Page 5