BOARD00126 ‎(2)‎

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

Action:

An amended motion was made by Barbara Biggs and seconded by Don Schwindt
to approve Staffs recommendation that the Board declare its intent to
appropriate instream flows on Badger Creek, Water Division 2, Fremont County,
and on Pauline Creek, Water Division 4, Saguache County, in accordance with
Instream Flow Rule 5.d; to direct Staff to have policy discussions at the next
Instream Flow Subcommittee meeting regarding issues surrounding enlargement
or reductions in instream flows; and to direct Staff to bring back a memo that
addresses these issues which includes a report with more detail on Badger and
Pauline Creeks to help the Board in deciding whether to take final action. Tom
Sharp voted against the motion. The motion was approved (8-1).

Tape 2, Track 4 01:l5:10-02:03:3l
Action: A motion was made by Carl Trick and seconded by Travis Smith that the Board
not declare its intent to appropriate instream flows on the following three streams
in Water Division 6, in Jackson County: Indian Creek, North Fork North Platte
River, and South Fork Big Creek. Eric Wilkinson, Don Schwindt, Keith Catlin,
Barbara Biggs, and John Redifer voted against the motion to not declare its intent
to appropriate. The motion was not approved (4-5).

Tape 2, Track 4 02:03:31 - 02:08:03
Action: A motion was made by Don Schwindt and seconded by Barbara Biggs to approve
Staffs recommendation that the Board table for one year a declaration of its
intent to appropriate instream flows on the following three streams in Water
Division 6, in Jackson County: Indian Creek, North Fork North Platte River, and
South Fork Big Creek. The Board directed Staff to continue to try to negotiate
with Jackson County with the intent of providing settlement language which will
ensure that any in stream flow appropriations on the subject streams will not
deprive the water users of the North Platte River and its tributaries of the water
guaranteed to them by the Nebraska v. Wyoming equitable apportionment
Supreme Court Decree. The motion was approved unanimously (9-0).

27. Stream and Lake Protection Section - North Fork Escalante Creek Instream Flow
Appropriation, Water Division 4
Tape 2, Track 4 02:08:03 - 02: 10:50
Action: A motion was made by Keith Catlin and seconded by Eric Wilkinson to approve
Staffs recommendation to make the following determinations with regard to the
proposed in stream flow appropriation on the North Fork Escalante Creek in
Water Division 4: 1) That there is a natural environment that can be preserved to
a reasonable degree with the Board's water right if granted; 2) That the natural
environment will be preserved to a reasonable degree by the water available for
the appropriation to be made; 3) That such environment can exist without
material injury to water rights. The motion was approved unanimously (9-0).

28. Stream and Lake Protection Section - Injury with Mitigation - Case No. 1-04CW323;
Application ofEMJ Squaw Pass, LLC
Tape 2, Track 4 02: 10:50 - 02:24:05
Action: A motion was made by Eric Wilkinson and seconded by Barbara Biggs to
approve Staffs recommendation to determine that the natural environment of the
subject reaches of Little Bear Creek and Soda Creek could be preserved to a

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning
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