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<br />. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 8664474 <br />www.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: <br /> <br />Colorado Water Conservation Board Members <br /> <br />Russell George <br />Executive Director <br /> <br />Prom: Dan Merriman and Linda Bassi <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date: November 5, 2004 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Agenda No. 23, November 16-17, 2004 Board Meeting, Stream and Lake <br />Protection Section and Attorney General's Office - Formal Attorney General Opinion <br /> <br />Backe:round <br /> <br />At the November 2003 Board meeting in the context of a discussion of the proposed acquisition of <br />water to be released from Elkhead Reservoir for instream flow use, Board -member Greg Hoskin <br />asked whether, in the context of its statutory authority to acquire water, water rights, or interests in <br />water, the CWCB has statutory authority to hold storage water rights for release to downstream <br />instream flow segments. On Pebruary 5, 2004, the CWCB submitted a written request for a Formal <br />Attorney General Opinion on this question. As of this date, the Formal Attorney General Opinion is <br />in the process of being finalized, and will be provided to the Board upon completion. <br /> <br />Staff Recommendation <br /> <br />This is an informational discussion item and no Board action is required. <br /> <br />Cmo~doWarerCome~ationBo~d <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />