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(3) Request the Attorney General's Office to file the necessary water rights application. Eric Wilkinson was not present for this motion. The motion was approved unanimously (8-0). 11. Stream and Lake Protection Section -Contested Instream Flow Appropriation Hearing -Badger Creek Tape 2, Track 1 00:15:38 00:39:33 Action: A motion was made Harold Miskel and seconded by Carl Trick 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 this 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 preserved 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 March 13, 2007 as the appropriation date for Badger Creek; (3) Request the Attorney General's Office to file the necessary water rights Applications The Board amended staff's recommendation to include: "With the additional provisions that the stipulated agreements reached with the Upper Arkansas Consen~ancy District be included as a part of the proposed decree and with further instruction to the staff that you continue to negotiate or discuss with the Upper Arkansas Conservancy District the inclusion of the provision that you normally have in these stipulated settlements of not filing Statements of Opposition in the water court case that we would file. But, if you're not able to convince them to include that provision, then go ahead and proceed with the filing without it in the stipulation". Eric Wilkinson was not present for this motion. The motion was approved unanimously (8-0). Meeting Recessed 6:15 p.m. Thursday, November 15, 2007 Call to Order (8:00 a.m.) A regular meeting of the Colorado Water Conservation Board (CWCB) was convened at the Golden Hotel, 800 Eleventh Street, Golden, CO 80401. The meeting was called to order by Chair Travis Smith. Eight voting members were present at the call to order so a quorum was present (at least six required). Voting Board members present were Chair Travis Smith, Vice Chair Don Schwindt, John Redifer, Keith Catlin, Carl Trick, Eric Wilkinson, Geoff Blakeslee, and Barbara Biggs. Alex Davis, representing Harris D. Sherman, was present. Non-voting Ex Off cio members present or represented were CWCB Acting Director Dan McAuliffe, Ken Knox representing the State Engineer's office, John Stulp, the Colorado Agriculture Commissioner, and Casey Shpall, Deputy Attorney General. First Assistant Attorney General Susan Schneider was also present. 12. Water Supply Planning and Finance Section -Construction Fund and Severance Tax Trust Fund Perpetual Base Account Annual Financial Statement