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<br />-7 - <br /> <br />15. Stream and Lake Protection - Authorization to Proceed to Trial-Mountain Mutual <br />Reservoir Company - Case No. 11-01CW293. <br />Tape 2, Track 1 0 - 03:52 <br />Action: A motion was made by David Smith and seconded by Keith Catlin to <br />authorize staff to proceed to trial to protect the Board's instream flow water <br />rights on North Turkey Creek. The motion was approved 9-0. Carolyn <br />McIntosh was not present. <br /> <br />16. Stream and Lake Protection - Authorization to Proceed to Trial- Town of <br />Breckenridge - Case No. 5-97CW283. <br />Tape 2, Track 1 03:52 - 05:46 <br />Action: A motion was made by Ray Wright and seconded by David Smith to authorize <br />staff to proceed to trial to protect the Board's in stream flow water rights on <br />Miners Creek and the Blue River. The motion was approved 9-0. Carolyn <br />McIntosh was not present. <br /> <br />17. Stream and Lake Protection - Uncontested Instream Flow and Natur al Lake Level <br />Recommendations <br />Tape 2, Track 1 2:25 :00 - 2:30:00 <br />Action: A motion was made by Keith Catlin and seconded by David Smith to approve <br />the staff recommendation that the Board: <br />1. Determine, pursuant to section 37-92- 102(3), CRS, and based upon <br />the recommendation of the CDOW and/or the BLM, a review of the <br />data and other information presented by the staff, in the memo or <br />orally, and the staff's recommendation for instream flow and natural <br />lake level appropriations on the streams and lakes identified; that; <br />a. A natural environment does exist on each stream and lake; <br />b. Water is available in each stream and lake for appropriation; <br />c. The natural environment will be preserved to a reasonable <br />degree with the recommended water rights, if granted; and <br />d. There is a natural environment that can be protected <br />e. Such natural environment can exist without material injury to <br />water rights. <br />2. Date of Appropriation, pursuant to Rule 5.23, staffrecommends the <br />Board choose January 22, 2003, the date the Board declared its intent <br />to appropriate, as the Date of Appropriation. <br />3. Request the Attorney General's Office to file the necessary water <br />right applications. <br /> <br />The motion was approved 6-0. Greg Walcher, Carolyn McIntosh, Bob Burr <br />and Don Schwindt were not present. <br />