Discussion

The Commission must act in an expeditious manner to address Folsom's petition for modification in order mitigate potential harm caused by the continuing uncertainty related to the future availability of 5,000 acre feet of annual water rights. Therefore, the issues raised in Folsom's petition for modification will be addressed now, separately from the Commission's consideration of SCWC's application for prospective approval of the lease as described in Ordering Paragraphs 8 and 9 of D.04-03-039. In its March 30, 2004 comments on the DD, SCWC indicated that it would shortly file such an application with the Commission, seeking Section 851 approval of the lease.

As described in the ruling below we will address Folsom's petition for modification on an accelerated schedule, which includes an oral argument. Folsom's request to partially stay D.04-03-039 and its motion for the shortening of time to respond to that request are moot considering the Commission's Order on the subject at the April 1, 2004 Commission Meeting.

Due to the very short comment period for the March 26, 2004 DD, additional comments will be taken. The DD is attached for parties' convenience. Parties may also address the DD at the scheduled oral argument.