BOARD00937

• Board Meeting Date: 3/29/1999
• Description: ISF Section - Informational Items - Summary of Resolved Cases
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

MEMORANDUM

Bill Owens
Governor
Greg E. Walcher
Executive Director, DNR
Peter H. Evans
Director, eweB

TO: Colorado Water Conservation Board Members

FROM: Dan Merriman
Greg Espegren
Jeff Baessler
Bahman Hatami

DATE: March 22, 1999

Re: Agenda Item 26a, March 29-30, 1999, Board Meeting--
Instream Flow Program - Informational Items
Summary of Resolved Cases

Section 9.41 of the ISF Rules provides,

"In the event the pretrial resolution includes terms and conditions preventing injury or
interference and does not involve a modification, or acceptance of injury or interference
with mitigation, the Board is not required to review and ratify the pretrial resolution. Staff
may authorize its counsel to sign any court documents necessary to finalize this type of
pretrial resolution without Board ratification. "

Staff has resolved all issues of potential injury in the following water court cases and has
authorized the Attorney General's Office to enter into stipulations which will provide full
protection for the Board's water rights. A sununary of the settlement terms in these cases is
attached for your information.

(1) Case No. 1-97CW370; Silverheels Ranch Owners Association (Beaver Creek,
Crooked Creek and the Middle Fork of the South Platte River)
(2) Case No. 2-97CWI47; Mesa Antero Water Association (Browns Creek)
(3) Case No. 4-97CW232; (Nate and Owl Creek)
(4) Case No. 5-97CW207; Schmidt Ranch L.L.C. (Eagle River)
(5) Case No. 5-97CW298; Vail Associates & Jouflas (Eagle River)
(6) Case No. 5-98CW064; Dunkin Group (Blue River)

Attachments
DCMfJB
L:\BOARDMEM\March 99\Agenda Item 200.; Resolved Cases.doc