BOARD00870

• Board Meeting Date: 11/25/2002
• Description: Draft Summary Minutes and Record of Decisions - September 10-12, 2002
• Board Meetings - Doc Type: Memo

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consideration in executive Session. A motion was made by Ray Wright to go
into executive session to consider items #6 and #7 b., d., e., and f. on the
agenda. The motion was seconded by Greg Hoskin and approved 9-0.

Executive Session
Tape 1
Track 2, Start/Stop: 0000-00:10
Action: As recommended on the record by Deputy Attorney General Felicity Hannay,
Executive Session was not recorded on the basis that the discussion was
covered by the Attorney/Client communication privilege.

Report from Executive Session
Tape I
Track 2 cont. , Start/Stop:
Action: Information item; no formal action taken.

00:10-3:50:19

9. Stream and Lake Protection Section - Consideration of Case No. 4-96CW313, Town of
Telluride
Tape I
Track 3, Start/Stop: 0000-04:09
Action: A motion was made by Greg Hoskin authorizing staff to proceed to court
regarding the Town of Telluride Case No. 4-96CW313 . The motion was
seconded by Eric Wilkinson and approved 9-0.

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Stream and Lake Protection - Instream Flow and Natural Lake Level
Recommendation
Track 3, Start/Stop: 04:09 - 07:45
Action: A motion was made by Keith Catlin to accept staff recommendation for the
instream flow water right on Specie Creek, from the confluence of an
unnamed tributary to the confluence of the San Miguel River including the
following:
I) Determine. pursuant to section 37-92-102 (3), CRS, and based upon
the recommendation of the Bureau of Land Management (BLM), a review of
all data and other information presented by the staff both in writing and orally,
all public comment and the staffs recommendation for instream flow and
natural lake level appropriations on the streams and lakes identified; that:
(a) A natural environment does exist;
(b) Water is available for appropriation;
(c) The natural environment will be preserved to a reasonable degree
by the water available for the recommended appropriation;
(d) There is a natural environment that can be preserved to a
reasonable degree with the recommended water right, if granted; and
(e) Such natural environment can exist without material injury to
existing water rights.
2) Date of Appropriation: Pursuant to Rule 5.23, staff recommends the
Board select January 23,2002, as the date of appropriation for the Specie
Creek instream flow water right.

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning