BOARD00808

• Board Meeting Date: 10/10/1995
• Description: Draft Summary Mintues and Record of Decisions - October 10, 1995 Special Meeting
• Board Meetings - Doc Type: Meeting

Kuhn:

Harrison:

Lile:

Kuhn:

Gimble:

Kuhn:

Harrison:

Kuhn:

Wells:

questions about the general thrust of where Eric is going with this? Give it a shot.

I would move that we direct the staff to proceed with the final notice with a
recovery program right which is at least one day junior to our base flow, and that
the amount of flow be for all the remaining water except for the development
allowances, or in the alternative the 20% exceedence flows in the base months,
and the 10% exceedence flows in the runoff months, and that in our proposed
application, the Water Conservation Board will agree to appropriate terms and
conditions to limit exercising the right until at least an additional 52,000 acre feet
of consumptive use on an average annual basis and distributed monthly, upstream
of the Maybel1 gage has occurred. That we would further agree to terms and
conditions to modify the right to al10w at least an additional 72,000 acre feet Of....
up to an additional 72,000 acre feet or up to the amount that the state reaches full
compact development under the 1922 and 1948 compacts. I said that sort of
clumsy, but the idea is up to 72 or full compact development, whichever occurs
first.

So 72 would be a cap on it, but modification might stop before that if we run out
of compact water. All right? Clarification of the motion?

You keep saying up to, but that's in addition to..

That's right. In addition to the 52, we would modify for up to an additional 72,
or up to the point where Colorado reaches full compact development under the
1922 and 48 compacts.

Eric, I'm not sure in your motion there;s enough distinction, at least as I heard it,
between the first 52 and the second 72. They sounded the same to me, and I'm
assuming our actions are different in regard....

I meant them that they would be different. I meant that they would....

What I understood was that the first 52 is automatic, and the second 72 requires
modification proceeding.

The first 52 is automatic, OK? We would agree to terms and conditions to not
exercise the right at all, until at least 52,000 acre feet of additional development
has occurred on an average annual basis and distributed monthly, and that once
that 52,000 acre feet of additional development or the monthly limits has occurs,
we would further agree to modify the right up to an additional 72,000 acre feet
or up until the point at which Colorado reaches full development under the 1922
and 48 compacts, whichever occurs first.

Its the words, we will agree to terms and conditions not to exerCIse our

Minutes of October 10, 1995 Special CWCB Meeting