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The CWCB holds the following instream flow water rights on the Florida River that could be <br />injured by this application: <br />CWCB Case No. Stream/Lake Amount Approp. Watershed County <br /> cfs Date <br />7-77W1763 Florida River 7/14 1/19/77 Animas River La Plata <br />7-77W1764 Florida River 12/20 1/19/77 Animas River La Plata <br />Staff and the Attorney General's Office have worked extensively with the Applicant on the <br />engineering and on developing appropriate terms and conditions to prevent injury to the instream <br />flow rights. Staff is very close to settling this case and will continue to negotiate with the <br />Applicant in attempt to finalize a stipulation. <br />Recommendation <br />Pursuant to ISF Rule 8j., Staff recommends that the Board authorize Staff to proceed to trial to <br />protect the Board's instream flow water rights in the event that Staff and the Attorney General's <br />Office are unable to reach a settlement with the Applicant. <br />2 <br />