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• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Authorization to Proceed to Trial - Cae No. 1-07CW123; Application of Colorado Mountain Properties, Inc., et al
• Board Meetings - Doc Type: Memo

The CWCB has appropriated the following instream flow water rights that could be injured by
Applicants' plan for augmentation and exchange:
CWCB Case
No. Stream/Lake Amount
cfs Approp.
Date Watershed Coun
~
1-94CW251 Cub Creek 2/0.75 11 /3/94 Upper South Platte Jefferson
1-94CW259 Bear Creek 10/5 9/13/94 Upper South Platte Jefferson
1-94CW260 Bear Creek 15/7 9/13/94 Upper South Platte Jefferson
Bahman Hatami has prepared an expert report on behalf of the CWCB, which has been provided
to the Applicants and other parties pursuant to the disclosure requirements, summarizing the
potential for injury. Staff and the Attorney General's Office will continue to negotiate with the
Applicants on the appropriate terms and conditions to prevent injury.
Recommendation
Pursuant to ISF Rule 8j., Staff recommends that the Board authorize Staff to proceed to trial to
protect the Board's instream flow water rights in the event that Staff and the Attorney General's
Office are unable to reach a settlement with the Applicants.
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