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<br />- 10- <br /> <br />19, Stream and Lake Protection - Consideration of Proposed 2004 New Appropriation <br />Recommendation in Water Divisions 2 and 4 <br />Tape 2, Track 1 48:50 -1:02:20 <br />Action: Information item, No formal action taken, <br /> <br />20, Stream and Lake Protection and Flood Section - Request for Approval of Policy <br />regarding RICDs, <br />Tape 2, Track 1 1 :02:20 - 2:37:30 <br />Action: A motion was made by Harold Miskel with a second by Carolyn McIntosh to <br />approve staff recommendation to adopt the proposed Recreational In-Channel <br />Diversion Policy regarding technical criteria with any changes deemed <br />appropriate as a result of public comments made at the workshop and at the <br />CWCB meeting, The following additional language will also be included at <br />the end of the "Hydraulic Engineering Definition of Control" section of the <br />policy, located on page 5 of the proposed policy: <br />"The CWCB' s definition of hydraulic control applies to at least one man- <br />made structure within an existing or proposed stream reach that is the subject <br />of an RICD water right. It is recommended that hydraulic structures should <br />capture and control the entire streamflow for the RICD flow rate, or range of <br />flow rates, requested by the applicant. For example, if a proposed RICD <br />stream reach is 900 feet long and contains 7 hydraulic structures, at least one <br />of the structures should capture and control the RICD stream flow for the <br />intended recreational use, The CWCB suggests that an inconsistency with the <br />requirements of SB 01-216 would result if control of the RICD flow, as <br />defined above, does not occur." Motion was approved 9-0, Greg Walcher <br />was not present. <br /> <br />21. Attorney General's Report and Legal Briefing <br />Tape 2 Track 1 2:37:30 - 2:49:30 <br />Action: A motion was made by Carolyn McIntosh with a second by Harold Miskel to <br />go into Executive Session to discuss the following Agenda items: <br />22a, NPS Quantification of Black Canyon Rreserved Right, Case No, 4- <br />W437, <br />22b, Proposed Purchase and Donation of Water Right for Instream Flows <br />22d, Gunnison River Federal ISF Application <br />22e, Discussion of Issues re: Gunnison RICD Litigation <br />Motion was approved 8-0, Greg Walcher was not present. Eric Wilkinson <br />recused himself from discussion of 22e, <br /> <br />22, Executive Session <br />Under advisement of legal counsel, this session was not be recorded due to attorney/client <br />privileges, <br /> <br />23, Report from Executive Session <br />Tape 2, Track 2 0 - 4: 10 <br />Action: A motion was made by Carolyn McIntosh with a second by Don Schwindt to <br />direct the Attorney General to take necessary action on items 22a,b,d,e, <br />Motion was approved 9-0, Greg Walcher was not present. <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />