The attached (below) is the opening Appellate Brief which was filed yesterday by the Franktown Citizens Coalition II, Inc. (FCC II, Inc.), and the West Elbert County Well Users Association. As you all know, this appeal is in the matter of the Independence Water and Sanitation District’s requested change to the way they want to use the Upper Dawson with very little explanation on how it’s to be used or if it’s even needed. Basically, they are just speculating on how they’re going to use it. As you know, our biggest concern is they want to pump out the Upper Dawson water and sell it offsite. This is opposed by both our organizations and all our members, thus this appeal.
In short, you will see in the attached appeal that we are requesting that the water court apply what is called the Anti-speculation doctrine to augmentations of not non-tributary aquifers (Upper Dawson). Applying this doctrine would prevent speculative granting of approval for Upper Dawson usage. It would give citizens notice and input on requested augmentations (requested uses of the Upper Dawson and amending uses of the Upper Dawson), and requested amendments of augmentations, that we do not receive now.
Independence has 35 days to file their response brief. We then have 21 days to file our final reply brief.
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