BOARD00126 ‎(2)‎

• Board Meeting Date: 1/23/2007
• Description: Summary Minutes and Record of Decision - January 23-24, 2007
• Board Meetings - Doc Type: Minutes

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23d. Attorney General's Report &, Legal Briefing - Town of Carbondale RICD
Application, Case No. 5~o.6qW 77 I
Tape 2, Track 3 o.o.:11:21-o.o.:lp:o.l!'
Action: Tom Sharp recused himself from discussion regarding this agenda item. A
motion was made by Tr~vis Smith and seconded by Carl Trick td go into
Executive Session to di~cuss:Agenda Items 24a, 24b, 24c, and to exclude 24d.
The motion was approved unanimously (8-0.)

24. Executive Session Items ;
Tape 0., Track 0. 0.0.:0.0.:0.0. - 0.0.:0.0:0.0.;
Action: Based upon the reco~end~tion from Deputy Attorney General, Casey Shpall,
the discussion of Agend,a Ite~s 24a, 24b, and 24c were notrecor ed pursuant to
C.R.S. section 24-6-4o.2(2)(d.5)(I)(B) because those portions of the Executive
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sesr~tttomey-elieot comnumicatioos.

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The portion of the Exechtivei Session on Agenda Items 24a, 24b, and 24c that
were not recorded were :con~ned to the topics authorized for disc6ssion in an
Executive Session under c.~.S. section 24-6-4o.2(3)(a)(II).

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Action: A motion was made by Eric Wilkinson and seconded by Carl Trick to end
Executive Session. The' motion was approved unanimously (9-0.).

25. Report from Executive SeSSion' i I
Tape 2, Track 4 0.0.:0.0.:0.0. - 0.0.:0.1 :42:' I
Action: Per Deputy Attorney G~neral, Casey Shpall, Agenda Items 24a, 24b, and 241~
were discussed in Execu.: tive ;Session and were limited to litigatiop strategies.. A
motion was made by Etic Wilkinson and seconded by Carl Tricklto direct the
Executive Director to n<tgotiate a potential settlement with the patties involv,ed in
the litigation on the Black C~nyon of the Gunnison National Par~ Reserved
Rights Case, with the intention of utilizing the state's Instream Flow Program as
the foundation for theselwat<6r rights. The motion was approved hnanimously (9-
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26. Stream and Lake Protection Sec~ion -To- 20.0.7 New Appropriation Recommbndations in
Water Divisions 2, 3,4, and 6 I :
Tape 2, Track 4 0.0.:0.5:42 - 0.0.: 1:3:26:
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Action: A motion was made by 13arbara Biggs and seconded by Don Schwindt to approve
~taff's recommendatio~ that!the Board ~e~l.are its intent to appropri~te an
mstream flow on Alder CreeJ<:, Water DIVISIon 3, Saguache County, 111
accordance with Instrea~ Fl9W Rule 5.d. Harold Miskel was not present for the
vote. The motion was approyed unanimously (8-0.).
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Tape 2, Track 4 DD:13:26-Dl:l!5:1O:
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Flood Protection. W ater Supp~y Planning and Finance. Stream and Lake ProtectiOr
Water Supply Protection .:Conservation and Drought Planning

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