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<br />. <br /> <br />water court application on or before December 31, 2005. The motion passed (7- <br />I), with one dissen1ing vote by Tom Sharp. <br /> <br />. <br /> <br />18b. Stream and Lake Protection Section - Proposed terms and conditions - Horsefly Creek, <br />Montrose County <br />Tape 2, Track 2 00:58:45 - 0 I :04:05 <br />Action: A motion was made by Don Schwindt, and seconded by John Redifcr to approve <br />Staffs recommendation that the Board ratify the proposed stipulations and take <br />final action on the instream flow appropriation on Horsefly Creek. For the <br />stream segment listed on the attachmen1 of the Instream Flow Recommendation <br />Tabulations, 1he staff recommends that 1he Board: (1) Ratify the proposed <br />stipulation between the CWCB and the Eldred Colorado Family Limited <br />Partnership, (2) Determine pursuant to section 37-92-102(3),CRS, and based <br />upon the recommendations of the BLM, a review of the data and other <br />information presented by Staff, in this and previous memos and orally, and <br />Staffs recommendation for instream flow appropriations on the stream identified <br />that: (a) A natural environment does exist on each stream; (b) Water is available <br />in each stream and lake for appropriation; (c) There is a natural environment that <br />can be preserved to a reasonable degree wi1h the recommended water rights, if <br />granted; (d) The natural environment will be preserved to a reasonable degree by <br />the water available for the recommended appropriations; (e) Such natural <br />environment can exist withou1 matelial injury to wa1er rights. (3) Pursuant to <br />Rule 5f, establish January 25, 2005 as the appropriation date for these instream <br />flow water rights. (4) Request the Attorney General's Office to file the necessary <br />water rights applications. The motion was approved (7-1), with one dissenting <br />vote by Tom Sharp. <br /> <br />19. Stream and Lake Protection Section -Injury with Mitigation - Case No. 1-04CW323; <br />Application ofEMJ Squaw Pass, LLC <br />Tape 2, Track 2 01:04:08-01:19:12 <br />Action: A motion was made by Eric Wilkinson, and seconded by John Redifer to approve <br />Staffs recommendation 1ha1 the Board make 1he preliminary determination that <br />the natural environment of the subject reaches of Little Bear Creek and Soda <br />Creek could be preserved to a reasonable degree with the proposed injury or <br />interference ifEMJ provided the proposed mitigation. The Board also provided <br />comments on the injury with miIigation proposal. The motion was approved <br />unanimously (9-0). <br /> <br />20. Stream and Lake Protection Section - CWCB/DOW Interagency Agreemen1 <br />Tape 2, Track 2 00:00:00 - 00:00:00 <br />Action: This item was omitted from the agenda; no ac1ion taken <br /> <br />21a. Water Supply Planning and Finance - Financial Matters - Construction Fund and <br />Severance Tax Trust Fund Perpetual Base Account Annual Financial Statement <br />Tape 2, Track 3 00:23:57 - 00:46:44 <br />Action: Informational only; no action taken <br /> <br />22a. Water Supply Planning and Finance - Es1imate of Funds Available for New Projects in <br />2006 - CWCB Construction Fund - Loans and Non-Reimbursable Investments <br /> <br />. <br /> <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Consetvation and Drought Planning <br />7 <br />