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Board Meeting 05/03/1985
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Board Meeting 05/03/1985
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11/28/2014 2:35:54 PM
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Board Meetings
Board Meeting Date
5/3/1985
Description
Minutes, Agenda, Memorandums May 3, 1985
Board Meetings - Doc Type
Meeting
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• Mr . Vandemoer moved, seconded by Mr . Smith, that the Board <br /> approve the proposed stipulation. Motion adopted unanimously. <br /> (Mr . Lochhead abstained due to client interests . ) <br /> d. Approval of Revisions to Appropriations <br /> The following listed cases were presented for approval of <br /> revisions to appropriations : <br /> 1. Case No. 4-84CW381, Soap Creek <br /> 2 . " " 4-84CW387, Henson Creek <br /> 3 . " " 4-84CW412, Main Hubbard Creek <br /> Mr . Wright moved, seconded by Mr . Lochhead, that the Board <br /> approve the proposed revisions to procedures . <br /> Motion adopted unanimously. <br /> 4 . Case No. 5-W3631, Red Sandstone Creek <br /> 5 . Case Nos . 5-W3636 & 5-W3637, Gore Creek <br /> Mr . Smith moved, seconded by Mr . Wright, that the Board <br /> approve the proposed revisions to procedures . Motion adopted <br /> unanimously. <br /> e. Proposed Procedures Concerning Filing of Statements of <br /> Opposition <br /> In his discussion of this item, Mr . Jencsok stated that at <br /> its May 4, 1984, meeting, the Board adopted revisions to <br /> Section VII of the "Procedures for the Administration of the <br /> Instream Flow/Natural Lake Level Program. " Section VII deals <br /> with the procedures for filing Statements of Opposition and <br /> protests to referee ' s rulings . It states that the director <br /> shall file Statements of Opposition and protests to referee ' s <br /> rulings " . . . whenever potential injury, regardless of <br /> magnitude, exists to a CWCB water right" (emphasis supplied) . <br /> Since implementing these procedures, the staff has filed a <br /> number of Statements of Opposition in which the degree or <br /> magnitude of injury has been, in the staff ' s opinion, <br /> insignificant. In these cases the staff has recommended, and <br /> the Board has approved, the withdrawal of the Statements of <br /> Opposition without further pursuing the case. <br /> Considerable time, effort, and cost are expended by the <br /> staff and the Attorney General ' s staff in reviewing these <br /> cases, filing Statements of Opposition, presenting the cases to <br /> the Board, and ultimately withdrawing the Statement of <br /> Opposition. Staff time and costs could be saved if the Board <br /> would give the staff the discretion to decide whether a <br /> • Statement of Opposition should be filed and presented to the <br /> Board for ratification when the magnitude of injury is very <br /> -13- <br />
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