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<br />'" <br /> <br />with CWCB Loan Policy #5. Final approval of the loan will also be conditioned <br />upon standard contracting provisions of the CWCB. <br /> <br />. <br /> <br />Motion was approved 10 - O. <br /> <br />6, Attorney General's Report & Legal Briefing - There was a briefmg from members of the Attorney <br />General's Office on the legal matters listed below, as well as a written and brief oral report on other legal <br />matters of interest to the Board. (By motion, the Board may consider matters listed under this agenda item in <br />executive session.) <br />Tape 1, Track 11:19:43 -1:27:29 <br />a. Gunnison River CWCB ISF Application, Case No. 4-03CW265 <br />b. Upper Gunnison River Water Conservancy Dist. RICD Litigation, Case NoA-02CW38 <br />c. Pueblo RICD Application, Case No. 2-01CW160 <br />d. Gunnison River Federal Reserved Right Application, Case No. 4-01 CW05 <br />e. Trout Unlimited v. USDA, Civil Action No. 96-WY-2686-WD, U.S. District Court for the <br />District of Colorado <br />f. Earth Justice and Grand Canyon Trust v. Interior and U.S. Fish and Wildlife Service- <br />Reference Recovery Goals <br />g. Catskill Mountains Chapter of Trout Unlimited v. New York City, U.S, Second Circuit Court <br />of Appeals <br /> <br />7. Executive Session - There was a public briefing from members ofthe Attorney General's Office on <br />the legal matters listed below. <br />(public briefing included within same tape and track info as Agenda Item No. 6, above) <br />a. Paul Moltz, Case No. 2-02CW73 <br />b. High Plains et aI., Case Nos. 2-02CWI83, 2-03CW28, 2-03CW68 . <br />c, United States Forest Service Application on Spring Creek Springs, Case No. 4-99CW268 <br />d. Status of the Great Sand Dunes National Park <br /> <br />Action: A motion was made by Bob Burr with a second by Eric Wilkinson to <br />adjourn to Executive Session to discuss Agenda Items 7 a., b., c., and d. <br />Motion was approved 10 - O. - <br />An Attorney General's representative determined that the executive session itself would consist entirely of <br />privileged attorney-client communications, and therefore no tape recording ofthe executive session was <br />made. <br /> <br />8. Report from Executive Session <br />Tape I, Track 2 0 - 2:25 <br />Action: Information item. No formal action taken <br /> <br />9. Stream and Lake Protection - Paul Moltz, Case No. 2- 02CW073 - Consideration of Inundation <br />Proposal or, in the alternative, a request for authorization to proceed to trial. <br />Tape 1, Track 2 2:25 - 2:29:50 <br />Action: A motion was made by Russell George with a second by Don Schwindt that the <br />Board determine that the inundation does interfere with the Board's Trout Creek <br />instream flow right, and to approve the inundation with conditions (a and b) of Staffs <br />recommendation. <br />a. The Applicant will convey the conservation easement to the Board, or the entity <br />of the Board's choosing, as described in the Applicant's proposal. <br />b. The Applicant will include a term and condition in the proposed decree that the . <br />Court will retain jurisdiction to determine injury to the CWCB' s instream flow <br />water right until the Applicant has conveyed the conservation easement to the <br />Board, or the entity of the Board's choosing, as described above. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Watee Supply Protection. Conservation Planning <br />