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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. St~•eam 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 the Board memo and orally, and staffls recommendation for instl•eam 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 Sf, 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 staffls recommendation to include: With the additional provisions that the stipulated agreements reached with the Upper Arkansas Water Conservancy District be included as a part of the proposed decree and with further instruction to the staff to continue to negotiate or discuss with the District the inclusion of the provision that the Board normally has in these stipulated settlements that the District would not file a Statement of Opposition in the water court application that CWCB would file. But, if CWCB is unable to convince the District to include that provision, then CWCB should go ahead and file the water court application without that provision in the stipulation. The motion was approved unanimously (8-0). Meeting Recessed 6:15 p.m. Thursday, ivovember 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. Sherma~.~, was present. Non-voting Ex Officio members present or represented were CWCB Acting Director D,an 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. Waiter Supply Planning and Finance Section -Construction Fund and Severance Tax Trust Fund Perpetual Base Account Annual Financial Statement 4