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<br />.. <br /> <br />- 3 - <br /> <br />9. Stream and Lake Protection - Upper Gunnison River Water Conservancy District, Case Nos. <br />4-02CW294, and 4-03CW107 Injury with Mitigation Proposal <br />Tape 1, Track 3 0 - 3:54:55 <br />Action: A motion was made by Tom Sharp with a second by Ray Wright to accept <br />staff recommendation to <br />1) Make the final determination that the natural environment will be <br />preserved to a reasonable degree with the proposed injury or <br />interference if applicant provided mitigation. <br />2) Authorize the Staff and the Attorney General's office to sign a <br />stipulation permitting the entry of a decree consistent with the injury <br />with mitigation proposal. <br />Motion was approved 10-0. <br /> <br />10. Stream and Lake Protection - Victoria Valar, Case No. 5-03CWI 0 I Injury with Mitigation <br />Proposal <br />Tape 1, Track 3 3:54:00- <br />Tape 1, Track 4 0 - 34:00 <br />Action: A motion was made by Harold Miske! with a second by Don Schwindt finding <br />at this time this proposal does not meet the criteria for injury with mitigation. <br />Motion was approved 9-1 with Tom Sharp voting nay. <br /> <br />11. Attorney General's Report & Legal Briefing - This is a background briefmg on legal issues, <br />The Board may refer to any of the items discussed under this topic to A2enda Item No. 12 <br />for discussion in Executive Session if the Board has questions about the litigation. <br />a. Gunnison River CWCB ISF Application, Case No. 4-03CW265 <br />b. Upper Gunnison River Water Conservancy Dist. RICD Litigation, Case No.4- <br />02CW38 <br />c. Pueblo RICD Application, Case No. 2-01CW160 <br />Action: Information items. No formal action taken. <br /> <br />. 12. Executive Session <br />Tape I, Track 4 0 - 2:55:09 <br />Action: A motion was made by Harold Miskel with a second by Ray Wright to go into <br />Executive Session with the following items in Bold, including II.b. to be <br />discussed: <br />a Gunnison River Federal Reserved Right Application, Case No. 4-01CW05 <br />b. Upper Gunnison River Water Conservancy District, Case Nos. 4-02CW294, and 4- <br />3CW107 <br />c. Trout Unlimited v. USDA, Civil Action No. 96-WY-2686-WD, U.S. District <br />Court for the District of Colorado <br />d. Earth Justice and Grand Canyon Trust v. Interior and U.S. Fish and Wildlife Service <br />Reference Recovery Goals <br />e. Catskill Mountains Chapter of Trout Unlimited v. New York City, U.S. Second <br />Circuit Court of Appeals <br />f. United States Forest Service Application on Spring Creek Springs, Case No. 4- <br />99CW268 <br />Motion was approved 10 - O. <br /> <br />Flood Protection. Water Project Planning and Fina1lce. Stream and Lake Protection <br />Waler Suppty Protection. Omservation Planning <br />