BOARD00679

• Board Meeting Date: 8/5/1992
• Description: Minutes only
• Board Meetings - Doc Type: Meeting

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Executive Session, continued

4. Call to Order (11:15 a.m.)

The special meeting of the Colorado Water Conservation Board was reconvened on
Thursday, August 6, 1992 in Room 719, State Centennial Building, 1313 Sherman
Street, Denver, Colorado. Chairman Martineau called the meeting back to order at
11:15 a.m. and there was a quorum. Present were Salazar, Harrison, Smith, Jackson,
Martineau, Sheftel, Eisel, Lochhead, Wright, Meyring, Simpson, and Jencsok. Patricia
Bangert, AG's office, represented Gale Norton. Olson was absent.

Sa. Colorado Water Resources and Power Development Authority, Granby Intake
Rehabilitation Approval. (11:15 - 11:19 a.m.)

Dan Merriman, CWCB staff, introduced a project to be funded by the CWR&PDA to
rehabilitate a raw water intake for Granby and reviewed the staff recommendation to
notify the Authority that the proposed project will not adversely affect instream flow
rights or Colorado's compact entitlement. A motion was made by Jackson and
seconded by Harrison to adopt the staff recommendation. The motion passed by
unanimous (10-0) decision.

5b. Colorado Water Resources and Power Development AuthOrity, Inundation Caused by
Fish Creek Reservoir Enlargement. (11:19 - 11:28 a.m.)

Dan Merriman reviewed a CWR&PDA funded project for the enlargement of Fish
Creek reservoir and the staff recommendation to direct the staff to work with the
applicant and the Forest Service to address any concerns regarding the inundation of
the Board's instream flow water rights. Any decisions regarding the protection of the
Board's instream flow water rights, however, rest solely with the Board. The staff will
advise the Board and the Authority of any court actions taken with respect to the new
water storage right application. Questions were asked by Jackson, Harrison, Smith,
and Eisel. Answers were provided by Merriman and Dan Law, Director of the
CWR&PDA A motion was made by Smith and seconded by Jackson to adopt the
staff recommendation. The motion passed by unanimous (10-0) decision.

Added Item. Instream Flow Program: Stipulation/Authorization to Proceed to Trial,
Case No. 1.90CW051, Pherson (11:28. 11:33 a.m.)

Dan Merriman reviewed the subject case on South Boulder Creek. Peter Fahmy, AG's
staff, reported on the status of discussions with the applicant, the need for a staff gage,
and requested authorization to settle on the basis of the stipulation or go to trial if
necessary. Questions were asked by Harrison. A motion was made by Harrison and
seconded by Eisel to adopt the staff recommendation. The motion passed by
unanimous (10-0) decision.

August 1992 Meeting, page 3