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Greg Peterson said that the board plans to discuss in executive session matters <br />relating to the Crystal Creek Homeowners' Association case, the Taylor Reservoir <br />refill diligence, the recreational in- channel diversion application and the <br />Intergovernmental Agreement with Gunnison County. <br />Board attorney John McClow said that these matters constitute attorney - client <br />privileged communication pursuant to §24- 6- 402(4)(b) C.R.S., conference with <br />legal counsel for receiving legal advice, and the two items of litigation pursuant to <br />§24- 6- 402(4)(e) C.R.S., determining position relative to negotiations. <br />Ken Spann moved and Scottie Willey seconded that the board adjourn into <br />executive session to discuss matters relating to the Crystal Creek Homeowners' <br />Association case, the Taylor Reservoir refill diligence, the recreational in- channel <br />diversion application and the Intergovernmental Agreement with Gunnison County. <br />Dennis Steckel said that he will recuse himself from discussion regarding the <br />recreational in- channel diversion due to a potential conflict of interest. <br />The motion carried. <br />Greg Peterson noted that the board may take action following the executive <br />session. <br />Greg Peterson reconvened the meeting. He said that he wants to switch agenda <br />items 4 and 5. <br />5. GUNNISON WHITEWATER PARK <br />Cindy Covell recommended that the board first consider the IGA and then the <br />proposed application. <br />Dennis Steckel stated that he would recuse himself from discussions regarding the <br />RICD application, due to a potential conflict of interest. <br />The board discussed paragraph 12, specifically the language regarding <br />subordination of the water right after it is obtained. <br />Ken Spann said that the board plans not to subordinate as part of the filing. But <br />this language says we won' t sell, transfer, convey or subordinate after we have it. <br />He said he has concerns about binding future boards to a very strict, non - <br />subordination clause that would not allow us to deal with any unforseen situation. <br />Page 2 of 8 <br />