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BEFORE THE COLORADO WATER CONSERVATION BOARD IN THE MATTER OF PROPOSED INSTREAM FLOW APPROPRIATIONS DIVISION 6: MORRISON CREEK (confluence Muddy Creek to confluence Silver Creek) AND MORRISON CREEK (confluence Silver Creek to confluence Yampa River) PREHEARING ORDER The Prehearing Conference in this matter was held on July 16, 2010 before the Prehearing Officer. Participants in Prehearing Conference The following Parties submitted Prehearing Statements and were represented at the Prehearing Conference either in person or by telephone: Colorado Water Conservation Board Staff; Colorado Division of Wildlife; Upper Yampa Water Conservancy District (UYWCD); James A. Larson, Dequine Family L.L.C., Flying Diamond Resources (Flying Diamond); and, Trout Unlimited.* Trout Unlimited did not file a Prehearing Statement. Background In its Prehearing Statement, the UYWCD requested that the CWCB consider its July 7, 2010 Request for Permission to Inundate a Portion of Silver Creek in conjunction with the Morrison Creek Instream Flow hearing scheduled for September 2010. Flying Diamond filed an Opposition to this request and argued that the UYWCD's request cannot be considered in conjunction with the Morrison Creek ISF hearing under the state law and the CWCB's rules. CWCB staff also raised the issue as to whether the timing of the inundation hearing in conjunction with the Morrison ISF hearing was appropriate given a previous stipulation between CWCB and the UYWCD in 07CW61 and 07CW72 (consolidated). In order to resolve this issue in time for the September meeting, the Prehearing Officer requested that this issue be placed on the CWCB's agenda for its July 2010 meeting and that the Parties brief the issue and serve all Parties and the CWCB by electronic mail by noon on July 20, 2010. Dated this 16th day of July 2010. /S/ CASEY SHPALL PREHEARING OFFICER