HomeMy WebLinkAbout01.26.80 Certified mail from Joe Hall Water power Resources serv.MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & C P. C.
ATTORNEYS AT LAW
JOHN D. MUSICK, JR.
STEPHEN T. WILI_LAMSON
ALAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SUE ELLEN HARRISON
WILLIAM T. SMITH, JR.
KEVIN L. PATRICK
JAMES 5. LOCHHEAO
ROBERT W. WIGINGTON
RICHARD M. FOSTER, JR.
CERTIFIED MAIL NO. 580300
RETURN RECEIPT REQUESTED
ANHATTAN DRIVE
2 0. BOX 4579
JANM ° SOU R, COLORADO 50306
JJanuary 26 1 -1980 I� �� T6 ONE {303) 499.3980
Y ,i-) C 0) I -600 332.2140
Glenwood Spri ,gifhau +du. E AftiNER
1011 GRAND AVENUE
P. 0. DRAWER 2030
GLENWOOD S1'R:NGS, COLORADO 8)601
TELEPHONE (303) 945 -2261
(COLO) 1 -900 332-8955
Mr. Joe D. Hall, Regional Director
Water and Power Resources Service
P. 0. Box 25247
Building 20, Denver Federal Center
Denver, CO 80225
Re: Ruedi Reservoir Repayment Contract
Dear Mr. Hall:
On behalf of the City of Aspen and the County of Pitkin, Colorado,
formal. is hereby made of noncompliance with the public partici-
pation requirements set forth in 44 Fed. Reg. 119 (1979).
By letter dated January 24, 1980, from counsel for the Colorado River
Conservation District, a proposed repayment contract was submitted to
your agency; also referenced in that letter are discussions by your office
concerning the terms and form of the proposed repayment contract.
The public participation procedure states at 44 Fed. Reg. 119 (1979) ,
in relevant part:
"Notice shall be published by the Department,, of the
Interior in the Federal Register whenever any of the
following occur: (1) The Bureau of Reclamation
intends to enter into negotiations with potential
contractors . . ." [Emphasis added]
Moreover, said public participation review shall, according to the
aforementioned procedure, be coordinated whenever possible with
compliance updating pursuant to the National Environmental Policy Act of
1969, 44 U.S.C. 4331, et sea.
MUSICK, WILLIAMSON, SC. ARTZ,
LEAVENWORTH & COPE, P. C.
Mr. Joe D. Hall, Regional Director
January 26, 1980
Page 2
In response to repeated objections over the avoidance of these two
legislative requirements, your agency has responded that discussions
between the WPRS and the CRWCD necessary to' derive proposed contractual
.terms and format merely constitutes " negotiations to arrive at a firm basis
of negotiations." Negotiations toward the d afting and submittal of a
proposed repayment contract cannot be labeled to avoid the clear import of
what Congress has mandated.
Accordingly, demand is hereby made to cease and desist all
negotiations with the CRWCD and halt consideration of the draft repayment
contract until formal notification and hearings are provided pursuant to
44 Fed. Reg. 119 (1979).
Sincerely,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P. C.
AP
rrwdePPAr,401
By
KLP /j
cc: Sandra M. Stuller, Esq. , County Attorney
Ronald W. Stock, Esq. , City Attorney
Joseph E. Edwards Jr. , Esq. , County Commissioner
Mr. Thomas Isaac, City Councilman
Mr. J. William McDonald, Director, CWCB
bc: T. Peter Craven, Esq.
Arthur A.' Abplanalp, Esq. -
Fit ugh Scott, III, Esq.
r. Ray Baldwin