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• Board Meeting Date: 7/21/2009
• Description: Attorney General's Report, Legal Briefing and Executive Session
• Board Meetings - Doc Type: Memo

Page 4
was gc~od news fc~r the State because a11 c~f the available extrinsic evidence supports the State's
position as tc~ the meaning of the decree. The Authc~riiy ~;as banking c~n the Court not ~ooking
beyc~nd the fc~ur corners c~f the decree to the underlying r~cc~rd, which ec~nfirms the true intent af
the decree.
b. Upt~er Ya~npa ~ater Canservancv District O~CW61c4~12, Water Division 6.
These consc~lidated cases both invc~lve water rights fc~r a proposed reservciir c~n Morrison ~reek,
The propcrsed reservc~ir and water ri~hts could impact the CWCB"s I~F right an Silver ~reek, by
inundating a portion af the r~ach, and the ISF right on the Yampa River, by changing the pc~int of
diver~ion for two senic~r water rights from below the ISF reach tc~ above it. CWCB Staff is
working diligently with ap~licant to craft a stipulatic~n and decree Ianguage addressing both of
th~se concerns and anticipate that tliey will be resolved prior to trial. However, participation at
trial in (~ctc~ber 2009 cannot be entirely ruled out at this time.
1. Uvr~er Arkansas V4later Conservancy District 06CW32, Water Divisian 2
This case invoives a plan for augmentatic~n cc~vering mast af the serviee area c~f the district. The
proposed plan is an "umbrella" type plan that praposes to augment all eligible structures within
the area with a variety of existing and future repiacement sources. The plan alsa acts to
complement two existing plans for augmentation by expanding the areas of replacement and
adding new types of eligible augmented structures. The CWCB has filed a statement of
oppc~sition to the application in order to protect a large number of instream flow rights in the
tributaries af the ~-lrkansas River. Because of the umbrella nature of the plan, ail depletions and ~
~ ~,
replacement S4UTC~S are not now known. Moreaver, the prc~posed plan may require ~~~1
augmentation by exchanges through instream flow reaches. Staff has made recommendations ~
regarding terms and conditions necessary ta protect the CWCB`s water rights thraughout the
exercise of the plan is for augmentation. This case is presently scheduled for trial during the
month of 4ctober, 2Q09.
DEFEI'~TSE QF THE CC}LORADC? RIVER SUBUNIT
Le~a1 Counsel with res~ect tc~ Coloradc~ F~iver - The Coloradt~ River Subunit continues to provide
the Cvlc~radcr Water Cc~nservation Board, Department c~f Natural Resources, and the Upper
Cc~~c~radc~ River ~c~rrttnissic~n with legal cc~unse~ t~n deve~opments cc~ncernin~ the Cc~lc~radc~ R.iver.
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