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8. Stream and Lake Protection Section -Contested Instream Flow Appropriation Hearing -Alder Creek Tape 1, Trackl 02:24:59 - 02:53:28 Action: A motion was made by John Redifer and seconded by Barbara Biggs to approve staff recommendation that the Board: (1) Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendations of the BLM, a review of the data and other information presented by Staff, in the Board memo and orally, and Staff's recommendation for instream flow appropriations on the stream identified; that: (a) A natural environment does exist on each stream; (b) Water is available in each stream for appropriation; (c) The natural environment will be preser~~ed to a reasonable degree by the water available for the recommended appropriations, and (d) Such appropriations can be made without material injury to water rights. (2) Pursuant to Rule 5f., establish January 24, 2007 as the appropriation date for Alder Creek; and (3) Request the Attorney General's Office to file the necessary water rights applications. Eric Wilkinson and Harold Miskel were not present for this motion. The motion was approved unanimously (7-0). 9. Stream and Lake Protection Section Increases to ISF Rights, C.R.S. 37-92-012(4)(a) Staff gave a presentation on the statutory authority that allows for an increase to an existing ISF appropriation and discussed implementation of this statute. In addition, DOW provided an overview of the biological analysis involved in recommending an increase to an existing ISF. Tape 1, Trackl 03:11:48 - 04:21:28 Action: Informational item only, no action taken. l0a/b Stream and Lake Protection Section -Uncontested 2007 Instream Flow Appropriations -Pauline Creek -Water Division 4 Saguache County and Willow Creek -Water Division 6 Moffat County Tape 1, Track 1 04:21:29 - 04:22:22 Tape 2, Track 1 00:00:00 - 00:15:37 Action: A motion was made by Don Schwindt and seconded by Geoff Blakeslee to approve staff recommendation that the Board: (1) Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendations of the BLM, a review of the data and other information presented by staff, in the Board memo and orally, and staff's recommendation for instream flow appropriations on the streams identified; that: (a) A natural environment does exist on each stream; (b) Water- is available in each stream for appropriation; (c) The natural environment will be presen~ed to a reasonable degree by the water available for the recommended appropriation, and (d) Such natural environment can exist without material injury to water rights. (2) Pursuant to Rule 5f., establish January 24, 2007 as the appropriation date for Pauline Creek and establish July 12, 2007 as the appropriation date for Willow Creek.