Next stage in the Independence Water Grab lawsuit and outcome of the status conference

Hi Everyone,

As the information in my last Newsletter indicated, on October 21, 2021 the status conference for trial setting and deadlines happened.  Below I have bolded, underlined and put in red the deadlines for all opposers, whether or not you are represented by an attorney.

 The minute order from the October 21, 2021 status conference reads as follows:

 “10.21.21 Matter comes on for telephonic status conference. FTR: 1:31-1:54 // Appearances: Trout and Hayes for Applicant, Independence Water. Opposers: Emilie Polley for Cordillera Corp and West Elbert County Well Users; John Buchanan for Franktown.

UPDATE: Applicant updates the court. Objectors 26(a) disclosures due by November 23, 2021. Opposer comments to referee ruling filed on July 21, 2021 are due by December 3, 2021. Anyone who does not provide comments by December 3rd will not be able to participate at trial. Applicants response to comments due February 4, 2022. If Applicant receives several comments that are duplicative, they will file a combined response. Court sets 5-day trial for May 8, 2023. Next status conference set for February 17, 2022 at 10:30 am. Counsel Buchanan requests Applicant set up an email list to opposers to avoid the cost of e-filing. Applicant objects as they do not have all emails to all opposers and would need to send out a waiver to all opposers re obtaining pleadings via email. Court denies request of Atty Buchanan. Atty Buchanan to file a Motion with authority if he wants the court to reconsider request to serve via email. Applicant to file notice and include Div. 4 conference line 720-650-7664, access code 925 011 953#.”

To help out the involved communities, I will sending out a form 26(a) that a Pro Se Opposer can use.  I hope Pro Se Opposers fill it out and send it in, with comments included, by November 23, 2021 so they are not dismissed from the lawsuit.  WE MUST KEEP A LARGE NUMBER OF OPPOSERS IN THIS EFFORT SO THAT THE JUDGE (HE’S NEW TO THE WATER COURT) CAN SEE HOW IMPORTANT THIS IS TO ALL OF US.  So please if you are a Pro Se Opposer fill out and file the 26(a) that I will be getting out to as many as I have emails for.  

Please be advised that the FCC II will continue to fight this for all our wells as long as we have the funds to pay our attorney.

Bless you all.  ONWARD TOGETHER,
Diana Love