TU appeals Dry Gulch decision

By Chuck McGuire

Therefore, in this latest appeal, TU proclaimed an “Advisory Listing of Issues to be Raised on Appeal.” They include:

• Whether applicants (the districts) demonstrated the 50-year water rights planning horizon adopted by the water court to be reasonable, as required under the anti-speculation standard.

• Whether applicants substantiated population projections, based on a normal rate of growth, for the 50-year planning period, as required under the anti-speculation standard.

• Whether applicants demonstrated that the decreed amount of water is reasonably necessary, above their current water supply, to serve projected population through the planning period, as required under the anti-speculation standard.

The appeal also states, “The transcript of evidence taken before the trial court is necessary to resolve the issues raised on appeal.”

http://www.pagosasun.com/archives/2008/10october/103008/tuappealsdrygulch.html