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Discussion After the September Board meeting, CWCB staff and the AG's Office consulted with the State Engineer's staff ("SEO") about the selective subordination issue and concluded that if the CWCB placed a call for one of the subject ISF water rights, the Division Engineer would not be able to administer the call as agreed upon by the parties. Rather, the call would be administered as a general subordination to all water rights junior to the ISF and senior to December 31, 2002, the date stipulated to by the CWCB and the District as the "cut-offl' date for the CWCB's acceptance of injury from depletions by wells served by the District. At the CWCB staff's request, the District identified the water rights that would be included in the general subordination. Because the amount of water rights the instream flows would be subordinated to was significant, the CWCB staff, in consultation with the SEO, asked the District to agree to a term and condition under which the District would be required to augment its out-of-priority depletions in time, place and amount by whatever means would be available at that time, including trucking water to the affected reach. As of the date of this memo, staff and the District have not yet agreed upon the exact language to be included in the decree. Staff has proposed the paragraph set forth below: If the CWCB places a call for its instream flow reaches of Middle St. Vrain Creek as decreed in Case No. 87CW281, or of Left Hand Creek as decreed in Case Nos. 86CW301 and 86CW342, or of James Creek as decreed in Case No. W-9379-78, that would otherwise result in the curtailment of diversions to be augmented by the District, the District will augment its out-of-priority depletions in time, place and amount to the extent necessary to prevent injury to the instream flows by whatever means available at the time of the call, including but not limited to trucking replacement water to be delivered to the affected reach, or by releasing replacement water from any source available to the District at the time of the call and by whichever means the District chooses so long as the instream flow is protected. Please note that under the revised proposed settlement, the Board still will accept injury to its ISF water rights on Middle St. Vrain Creek that fall under section 37-92-102(3)(b), C.R.S. Staff will update the Board on its negotiations with the District at the Board meeting. Recommendation Based upon the information presented above, Staff recommends that the Board authorize Staff and the Attorney General's Office to enter into a stipulation with the St. Vrain & Left Hand Water Conservancy District that incorporates the additional term and condition (or other language agreed upon by the parties that is no less restrictive) set forth in this memo into the pretrial resolution approved by the Board in September, which will be included in the stipulation and decree.. 2