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SECWCD <br />February 16, 2006 <br />11 <br />RECORD OF PROCEEDING <br />the filing deadline by letter agreement or file a statement of opposition. Howard Miller moved, <br />seconded by Mr. Schrader, to execute a stipulation with the applicants in case 05CW296, with back- <br />up authority to extend the filing deadline by letter agreement or file a statement of opposition. <br />Motion unanimously carried. <br />Mr. Hamilton report he had reviewed the January 2006 Division 2 Resume and there are no cases of <br />interest to the District; and the January 2006 Water Division 5 R6sum6 has not yet been received. <br />He will review it when it is received and report to the Board at the March meeting. <br />LEGAL REPORT: <br />Mr. Leonhardt reported in the Chaffee County recreational in- channel diversion (RICD) case, <br />settlement negotiations have continued and may be nearing a positive conclusion. The Water Court <br />and Colorado Water Conservation Board (CWCB) have approved the most recent requested <br />extension of the deadline for the CWCB to report its findings, and the corresponding deadline for <br />the parties to report to the CWCB on a settlement. The current deadlines call for the CWCB to <br />review the matter at its next meeting on March 21 -22, and for the parties to report to the CWCB on <br />any settlement by March 9, 2006. The Water Court's corresponding amendments to its Case <br />Management Order give a very tight schedule for the pretrial deadlines, and Chaffee County has <br />been unwilling to postpone the trial scheduled for October 30 — November 10, 2006. Thus, it seems <br />quite likely that there will be no further extensions to the current CWCB deadlines. <br />Jim Broderick scheduled a telephone conference Board Subcommittee that is advising staff and <br />legal counsel in the RICD negotiations (Denzel Goodwin, Reed Dils, Harold Miskel, and John <br />O'Donnell). The Board was provided a copy of legal counsel's current memorandum to the <br />Subcommittee, summarizing the main points of the proposed settlement package, along with the <br />recent progress and remaining issues in settlement negotiations. Also provided with the <br />memorandum are the current draft MOU (along with the revisions legal counsel is proposing to <br />Chaffee County's attorney), proposed decree and stipulation in the RICD case, and draft agreement <br />on the voluntary flow management program (VFMP) that was negotiated at a recent meeting. <br />Mr. Leonhardt said legal counsel needs the Board's guidance on the settlement MOU in order to <br />meet the CWCB's deadline of March 9 for the parties to report on a settlement agreement. Mr. <br />Leonhardt said the MOU is ready for preliminary approval by the Board, subject to resolution of the <br />remaining issues, including the Aurora stipulation, the VFMP conditions for operation of <br />exchanges, a no- precedent provision for Southeastern's stipulation on the RICD, and approval of <br />the MOU by the other parties. Mr. Leonhardt recommended that the Board authorize staff and legal <br />counsel to complete negotiations of the Chaffee County RICD settlement MOU package, including <br />the stipulation and VFMP agreement, for final approval by the Board at the March 16 meeting in <br />the event that the final documents address the remaining concerns noted; and to seek guidance from <br />the Executive Committee and Chaffee County RICD Subcommittee jointly, in the event further <br />guidance is needed for negotiations before March 16. Mr. Long moved, seconded by Mr. Miskel, to <br />approve Mr. Leonhardt's recommendation. Motion unanimously carried. <br />