From The Pueblo Chieftain (Chris Woodka):
U.S. District Court Phillip Brimmer on Wednesday “administratively closed” a lawsuit by the Lower Arkansas Valley Water Conservancy District against the Bureau of Reclamation for issuing Aurora a 40-year contract in 2007 to store and exchange water at Lake Pueblo…
“What this means is that the case can be opened for cause if Aurora is not abiding by its agreement with the Lower Ark,” said Jay Winner, general manager. “I think we have tied their hands.”
“I think the agreement is in place, the judge’s action doesn’t change the obligations of Aurora to follow the agreement,” said Mark Pifher, director of Aurora Water. Pifher said Aurora is committed to living up to all of the provisions of its agreement with the Lower Ark district. The agreement, reached in 2009, asked the judge to stay the case for two years while Lower Ark and Aurora, among other things, worked for federal legislation to allow Aurora to use the Fry-Ark Project…
In the most recent report to the court, lawyers for the two sides indicated Sen. Mark Udall, D-Colo., agreed to look at legislation. Since then, Udall has made it clear he would not support any legislation unless there is agreement from all members of the Colorado congressional delegation and all parties involved. That could involve as many as 11 separate entities and the Bureau of Reclamation, which were engaged in talks prior to the lawsuit.
“The decision takes the pressure off getting the federal legislation done,” Winner said. “It also gives us the opportunity to educate people that what we are doing is about keeping other people out of the valley.” The agreement with Aurora enlists the city’s support of Lower Ark programs in the Arkansas Valley that keeps other cities in the Northern part of the state from using Fry-Ark facilities to move water out of the Arkansas Valley.