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<br />-2- <br /> <br />prevent injury to the Board's water rights. Terms and conditions still at issue include the retained . <br />jurisdiction period and specific language to prevent injury to the Eagle River instream flow water <br />rights. Outstanding engineering issues include the calculation of historical consumptive use of the <br />Applicant's 1/l6th interest in the Ditch, the need to address lagged depletion impacts from certain <br />alternate points of diversion, and failure to specify the instantaneous diversion rate limits and <br />volumetric diversion limits for the proposed new points of diversion. The State and Division <br />Engineers also are objectors in this case. <br /> <br />Staff Recommendation <br /> <br />Pursuant to lSF Rule 8j., Staff recommends that the Board authorize Staff to proceed to trial to <br />protect the Board's instream flow water rights on the Eagle River. Staff also recommends that the <br />Board discuss litigation strategy and potential settlement parameters with Staff and the Attorney <br />General's Office in executive session. <br /> <br />. <br /> <br />. <br /> <br />Flood Protection _ Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />