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• Board Meeting Date: 5/20/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

FEBRUARY 2008 WATER COURT RESUME REVIEW PROCESS -Upon review of all the
February 2008 water court resume notices, Staff exercised its discretion to not file any statements of
opposition to water court applications filed in February 2008. Staff determined there was no need to
negotiate terms for these applications in order to achieve protection of the Board's instream flow water
rights. (Kaylea White)
MARCH 2008 WATER COURT RESUME REVIEW PROCESS -After reviewing all the
March 2008 water court resume notices, Staff exercised its discretion to not file any statements of
opposition to water court applications filed in March 2008. However, Staff was able to achieve protection
of the Board's instream flow water rights without filing statements of opposition in one of the cases by
requesting and obtaining a letter from the applicants' attorney on behalf of his clients agreeing to include
in their decrees the following types of protective language to prevent injury to the Board's ISF water
rights:
• For a plan for augmentation including exchange on Coal Creek and the Crystal River, the
Applicant will include terms and conditions in the decree providing that (1) at times when the
CWCB has placed a call for its instream flow water right on the Crystal River decreed in Case
Nos. 75CW2720 and 75CW2721, Applicant shall curtail diversions into the Rubino Pond; and (2)
Applicant will provide the CWCB staff with copies of all proposed decrees so that staff can
ensure that the agreed upon language is included, and that the applicant will not oppose a CWCB
Motion to Intervene if the agreed up on language is not included in the decree.
(Kaylea White)
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