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2a CONSIDERATION OF STIPULATION WITH SPANN RANCHES <br />2b CONSIDERATION OF STIPULATION WITH WEST BRANCH <br />HOMEOWNERS <br />2c CONSIDERATION OF STIPULATION WITH CITY OF GUNNISON <br />3. PUBLIC SESSION DISCUSSION <br />Greg Peterson reconvened the public session. He said that the board has <br />discussed stipulations with three different parties, specifically, the City of <br />Gunnison, Virgil and Lee Spann Ranches, and the West Branch Homeowners <br />with regard to the Whitewater Park filing the District has made. <br />Diane Lothamer moved and Jim Cochran seconded to approve the <br />Stipulation and Agreement Between Applicant and the City of Gunnison. <br />The motion carried. <br />Greg Peterson said that the proposed stipulation with the Spanns protects a <br />flow of 74.25 cfs in the Kelmel Owens ditch and the other currently decreed <br />rights senior to the District's on the West Branch, and agrees that the <br />District's Whitewater Park won't be operated in such a way as to injure <br />those, and agrees to protection of historic diversions out of the West Branch <br />related to maintaining the decreed rights. <br />Steve Glazer expressed concern that as written, the sentence made it <br />appear that the District was acting as a judge with regard to the lawfulness <br />of the practice. <br />Steve Glazer moved and Harley Tripp seconded to approve the Stipulation <br />Between Applicant and Virgil and Lee Spann Ranches and Robert and <br />Geraldine Howard with the proviso that the lawyers negotiate a rewrite of <br />the second sentence in section three to include Mr. Glazer's concern and to <br />clarify the last sentence•of paragraph three. The motion carried. <br />Greg Peterson said that the board had discussed issues which are of <br />concern to the West Branch homeowners group. He said that the board <br />discussed the three possibilities of moving the District's conditional rights, <br />working with the CWCB for an instream flow filing, and the homeowners <br />group filing for its own water rights, which some have done, and some are <br />in the process of doing. He said that the board wants to get a legal opinion <br />from John McCiow and /or John Hill, who originally did the District's change <br />case application, regarding the feasibility of moving those water rights down <br />to the West Branch, and that they would request such update by their <br />August 26 board meeting. If the attorneys feel that there is a reasonable <br />Page 2 of 4 <br />