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<br />Action: <br /> <br />Tom Sharp requested that the motion be divided into two parts, with items a, b, <br />and g voted on separately. A motion was made by Don Schwindt to approve on <br />items c - f and h-k the staff recommendation that the Board determine that <br />(1) (a) A natural environment does exist on each stream; <br />(b) Water is available in each stream and lake for appropriation; <br />(c) The natural environment will be preserved to a reasonable degree by <br />the water available for the recommended appropriations; <br />(d) There is a natural environment that can be preserved to a reasonable <br />degree with the recommended water rights, if granted; and <br />(e) Such natural environment can exist without material injury to water <br />rights. <br />(2) Pursuant to Rule 5f., establish January 25, 2005 as the appropriation date <br />for these instream flows water rights; and . <br />(3) Request the Attorney General's Office to file the necessary water rights <br />applications. <br /> <br />The motion was seconded by Bob Burr and approved unanimously (10-0). For <br />items a, b, and g, a motion was made by Don Schwindt to again approve the staff <br />recommendation outlined above. The motion was seconded by John Redifer and <br />approved (9-1). Tom Sharp voted Nay. <br /> <br />21(2). Stream and Lake Protection - Uncontested Streams - Escalante Creek - Request to Delay <br />Final Action <br />Tape 2, Track 2 38:56 - 40:56 <br />Action: A motion was made by Don Schwindt that the Board approve the staff <br />recommendation to delay any action on this until the September Meeting. The <br />motion was seconded by Eric Wilkinson and approved unanimously (10-0). <br /> <br />21(3). Stream and Lake Protection - Uncontested Streams - Horsefly Creek and Cottonwood <br />Creek - Additional Language Included <br />Tape 2, Track 2 40:56 - 1:25:21 <br />Action: A motion was made by Don Schwindt that the Board approve staff <br />recommendation that the Board staff be directed to request the Attorney <br />General's Office to include the proposed terms and conditions in the application <br />and decree for the instream flow appropriation on Cottonwood Creek, and to take <br />final action. The motion was seconded by John Redifer and approved (9-1). <br />Tom Sharp voted Nay. <br /> <br />A motion was made by Don Schwindt that the Board approve staff <br />recommendation that the Board staff be directed to request the Attorney <br />General's Office to include the proposed terms and conditions in the application <br />and decree for the instream flow appropriations on Horsefly Creek and that the <br />Board delay taking final action on this appropriation. The motion was seconded <br />by John Redifer and approved unanimously (10-0). <br /> <br />22 a-h. Stream and Lake Protection Section - Contested Streams <br />Tape 2, Track 2 1 :25:21 - 2:28:00 <br />Action: A motion was made by Keith Catlin that the Board adopt the modified schedule <br />for all the contested cases, with the understanding that they will be revisited in <br /> <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />8 <br />