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chance of success for that option, the District would look into the possibility <br />of participating in some cost sharing on the legal work that would be <br />required. The board also is directing Cindy Covell to contact the CWCB and <br />pursue its opinion on the feasibility of an instream flow filing and on how <br />that would work. He said that the board is supportive of protecting senior <br />decreed water rights in the West Branch, and that if the West Branch <br />homeowners can give us a list of pending applications, the board is willing <br />to recognize them and not impact them through the Whitewater Park filing, <br />and they could be put into a stipulation. <br />Cindy Covell said that she does not feel that she can advise board to file a <br />change case without understanding what we are looking at and that the <br />board does not want to promise something it can't deliver.. The CWCB <br />could say we're asking for an instream flow water right, and only they can <br />hold water rights for instream flow purposes. If the CWCB and the State <br />Engineer can support the change, it would make the change case less <br />difficult. if they would oppose it, then maybe the CWCB could be <br />encouraged to file it themselves. <br />Greg Peterson said that he wants to get to a point where both parties have <br />an understanding of where they need to go, hopefully by the August 26 <br />meeting. He does not want to prolong the process. He said that the best <br />scenario would be that another ditch could be found to exist, with water <br />rights on it. <br />Gerald Bullock said that they have found in property records that there are <br />water rights specifically deeded to the Winslows, the Colemans, and both <br />Schmalz lots. He said that in the records they have found reference to the <br />Island Acres Ditch, otherwise known as the Island Ditch: <br />It was agreed that the West Branch homeowners group would compile the <br />list of pending and decreed water rights and wait for the District's update <br />on August 26. Cindy Covell said that the board is prepared to recognize the <br />historic practices if the water rights are decreed, just like those of Lee <br />Spann's, which is why the board needs a list so that it could be put into a <br />stipulation. <br />Page 3 of 4 <br />