By Chuck McGuire
PagosaSUN.com
Wednesday, October 29, 2008
According to TU attorney Drew Peternell, Lyman made appropriate improvements in his Sept. 11 decree, “but there are still flaws in his reasoning, and the diversion and storage rights are still excessive.”
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