BOARD00529

• Board Meeting Date: 10/10/1995
• Description: Special Meeting Minutes - October 10, 1995
• Board Meetings - Doc Type: Minutes

Harrison:

Lile:

Kuhn:

Gimble:

Kuhn:

Harrison:

Kuhn:

Wells:

Wright:

Wells:

Harrison:

or up to the amount that the state reaches full compact development under the 1922
and 1948 compacts. I said that sort of clumsy, but the idea is up to 72 or full
compact development, whichever occurs first.

So 72 would be a cap on it, but modification might stop before that if we run out of
compact water. All right? Clarification of the motion?

You keep saying up to, but that's in addition to..

That's right. In addition to the 52, we would modify for up to an additional 72, or up
to the point where Colorado reaches full compact development under the 1922 and
48 compacts.

Eric, I'm not sure in your motion there;s enough distinction, at least as I heard it,
between the first 52 and the second 72. They sounded the same to me, and I'm
assuming our actions are different in regard....

I meant them that they would be different. I meant that they would....

What I understood was that the first 52 is automatic, and the second 72 requires
modification proceeding.

The first 52 is automatic, OK? We would agree to terms and conditions to not
exercise the right at all, until at least 52,000 acre feet of additional development has
occurred on an average annual basis and distributed monthly, and that once that
52,000 acre feet of additional development or the monthly limits has occurs, we
would further agree to modify the right up to an additional 72,000 acre feet or up
until the point at which Colorado reaches full development under the 1922 and 48
compacts, whichever occurs first.

Its the words, we will agree to terms and conditions not to exercise our rights...that
sounds the same to me in the second half as the first half. And I'm just trying to
think...and I realize that this is just semantics, but it seems to me that after that, after
the 52, and the monthly triggers, we will participate...we may exercise our right, we
may also agree not to exercise our right, but it's different than "we will agree to terms
and conditions not to exercise our rights." That sounds like the same thing.

How about "we will begin to exercise the right, however, an additional 72,000 acre
feet of depletions may occur subject to terms and conditions..."

Terms and conditions to be negotiated at the time, something like that. OK. Does
that make that more complicated?

So, let's get a motion out, and let's get a second. What I heard was, that we advise
staff... that we move to direct staff to move to final notification to appropriate a

Minutes of October 10, 1995 Special CWCB Meeting