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<br />in compliance with CWCB Loan Policy #5 (Collateral). Final approval of the loan be <br />conditioned upon all other standard contracting provisions of the CWCB. <br /> <br />Motion was approved 10 - O. <br /> <br />5. Water Supply Planning and Finance Section - Changes to Existing Loans <br />a. East Fork Mutual Ditch Company - Ditch Rehabilitation Project <br />Tape 1, Track 1 1:15:35 -1:19:43 <br />Action: A motion was made by Bob Burr with a second Don Schwindt to approve staff <br />recommendation that the Board approve an increase of $121,412 ($120,210 for <br />project costs and $1,202 for the 1 % loan origination fee, in accordance with CWCB <br />Loan Policy No. 16) from the Construction Fund. The additional $121,412 increment <br />of funding would be for 30-years at the present lending rate of 2.5%. Security for the <br />loan will be a pledge of assessment revenues backed by assessment covenant and <br />other Company property adequate to assure repayment of the loan, in accordance <br />with CWCB Loan Policy #5. Final approval of the loan will also be conditioned <br />upon standard contracting provisions of the CWCB. <br /> <br />Motion was approved 10 - O. <br /> <br />6. Attorney General's Report & Legal Briefing - There was a briefing from members of the Attorney <br />General's Office on the legal matters listed below, as well as a written and brief oral report on other legal <br />matters of interest to the Board. (By motion, the Board may consider matters listed under this agenda item in <br />executive session.) <br />Tape 1, Track 11:19:43 -1:27:29 <br />a. Gunnison River CWCB ISF Application, Case No. 4-03CW265 <br />b. Upper Gunnison River Water Conservancy Dist. RICD Litigation, Case No.4-02CW38 <br />c. Pueblo RICD Application, Case No. 2-01CW160 <br />d. Gunnison River Federal Reserved Right Application, Case No. 4-01 CW05 <br />e. Trout Unlimited v. USDA, Civil Action No. 96-WY-2686-WD, U.S. District Court for the <br />District of Colorado <br />f. Earth Justice and Grand Canyon Trust v. Interior and U.S. Fish and Wildlife Service- <br />Reference Recovery Goals <br />g. Catskill Mountains Chapter of Trout Unlimited v. New York City, U.S. Second Circuit Court <br />of Appeals <br /> <br />7. Executive Session - There was a public briefing from members of the Attorney General's Office on <br />the legal matters listed below. <br />(Public briefing included within same tape and track info as Agenda Item No.6, above) <br />a. Paul Moltz, Case No. 2-02CW73 <br />b. High Plains et aI., Case Nos. 2-02CWI83, 2-03CW28, 2-03CW68 <br />c. United States Forest Service Application on Spring Creek Springs, Case No. 4-99CW268 <br />d. Status of the Great Sand Dunes National Park <br /> <br />Action: A motion was made by Bob Burr with a second by Eric Wilkinson to <br />adjourn to Executive Session to discuss Agenda Items 7 a., b., c., and d. <br />Motion was approved 10 - O. <br />An Attorney General's representative determined that the executive session itself would consist entirely of <br />privileged attorney-client communications, and therefore no tape recording of the executive session was <br />made. <br /> <br />8. Report from Executive Session <br />Tape 1, Track 2 0 - 2:25 <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />