19 ‎(5)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Authorization to Proceed to Trial - Case No. 6-06CW052; Application of D & S Development Group, LLC
• Board Meetings - Doc Type: Memo

The CWCB has the following instream flow water right that could be injured by Applicants' plan
for augmentation and exchange in this application:
CWCB Case
No. Stream/Lake Amount
cfs Approp.
Date Watershed County
6-77W1331 Elk River 1.5 9/23/77 Upper Yampa River Routt
The CWCB and the State Engineer's Office have been working with the Applicant on
appropriate terms and conditions to prevent injury. In October 2008, in an apparent effort to
move the case along, Applicant requested that the Court set this case for trial; the Court
scheduled the trial for January 2009. CVUCB's expert report will likely be due in December
2008. Staff and the Attorney General's Office are close to settling this case and will continue to
negotiate with the Applicant 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 Applicant.
2