From the Yuma Pioneer (Tony Rayl):
Legal counsel David Robbins told the board that the three states — Colorado, Kansas and Nebraska — have reached a contract agreement with arbitrator Martha Pagel of Oregon. Colorado invoked the non-binding fasttrack arbitration last August after Kansas and Nebraska voted down the pipeline plan as presented. The initial timeline called for the arbitrator being chosen by September 16, the trial to be held February 1-5, with the arbitrator’s decision due by March 1. Robbins said there was no news yet on a revamped timeline. “We are more in a mode of a tugboat on an oceanliner, trying to nudge the three states along,” he said, noting the district itself had very little power in terms of forcing the states into action…
Robbins told the board that Colorado officials were meeting with their Nebraska counterparts this week in an effort to find out how to reach an agreement on the pipeline. Robbins and Dennis Montgomery, another member of the RRWCD’s legal team, were going to be involved with the meetings…
Later in last Thursday’s meeting, district engineer Jim Slattery reported that pipeline consultant GEI strongly recommends not do the prequalifying of potential contractors until ready to actually do the project. He added that GEI is receiving phone calls daily from contractors eager to get started, and the process is receiving interest from all over the country. That was when Robbins spoke up again, asking if the district should build before it is clear how much credit toward compact compliance Colorado will receive for the water it sends down the North Fork from the pipeline. (As it stands now, only 22 percent of the water that crossed the gage at the Nebraska state line would go toward compact compliance. However, when all is said and done, it is expected Colorado will receive 80 to 100 percent credit.) He noted that if the arbitration goes well, then Colorado will be in a stronger position to go forward with the pipeline…
Board President Dennis Coryell said last Thursday the district is just beginning to receiving the feedback, and hopes all ground water management districts and commissioners provide their opinion within the coming weeks.
(The district already has spent more than $40 million on purchasing the wells for the pipeline, from the Cure family. The wells are located approximately 10 miles or more north of Laird in extreme eastern Yuma County. However, there is another $15 million of the Colorado Water Conservation Board’s $60 million loan left to spend on construction of the pipeline.) Board members did relay some feedback they have received. Greg Larson said Byron Weathers of Colorado Corn, indicated the organization would prefer to wait for arbitration to run its course. Several others said their ground water districts are leaning toward waiting for the arbitrator’s decision, as well as other issues to be settled, such as the amount of credit Colorado will receive, the sub-basin test on the South Fork being pushed by Kansas. (The state is fighting the idea of water being sent down the North Fork counting for the water the compact states Colorado should be sending down the South Fork.)