BOARD01034

• Board Meeting Date: 9/13/2004
• Description: Summary Minutes and Record of Decisions - September 13-14, 2004
• Board Meetings - Doc Type: Minutes

Action:

Information item. No formal action taken

9. Stream and Lake Protection - Paul Moltz, Case No. 2- 02CW073 - Consideration of Inundation
Proposal or, in the alternative, a request for authorization to proceed to trial.
Tape 1, Track 2 2:25 - 2:29:50
Action: A motion was made by Russell George with a second by Don Schwindt that the
Board determine that the inundation does interfere with the Board's Trout Creek
instream flow right, and to approve the inundation with conditions (a and b) of Staff's
recommendation.
a. The Applicant will convey the conservation easement to the Board, or the entity
of the Board's choosing, as described in the Applicant's proposal.
b. The Applicant will include a term and condition in the proposed decree that the
Court will retain jurisdiction to determine injury to the CWCB's instream flow
water right until the Applicant has conveyed the conservation easement to the
Board, or the entity of the Board's choosing, as described above.
After discussion, Harold Miskel made a substitute motion seconded by Tom Sharp to
approve the inundation with no conditions. The substitute motion failed on a 5-5
vote. Members voting "for" were Tom Sharp, Don Schwindt, Eric Wilkinson, Bob
Burr, and Harold Miskel. The Board then voted on Russell George's initial motion
and the motion was approved 10-0.

10. Stream and Lake Protection - Elkhead Reservoir Enlargement Water Acquisition
Tape 1, Track 2 2:29:50 - 3:49:50
Action: Information item. No formal action taken. This agenda item initiates the Board's
120-day acquisition acceptance process.

11. Stream and Lake Protection - Moser Water Right Acquisition (Summit County)
Tape 1, Track 2 3:49:50 - 5:19:44
Action: A motion was made by Eric Wilkinson with a second by Barbara Biggs to approve
staff recommendation that the Board:
1) Determine that the acquired water rights should be utilized on
Boulder Creek to increase flows available to the junior Instream flow
water right, to restore a portion of the natural hydrograph to improve
or enhance habitat for all life stages of the resident Brook trout
population, and to improve conditions for spawning and recruitment
of Rainbow trout. To accomplish this goal, staff recommends that
the acquired rights be "stacked" with the Board's existing Instream
flow water right on Boulder Creek (Case No. 5-77W3646) to
preserve and improve the natural environment to a reasonable
degree;
2) Determine that the acquired water rights should be utilized on the
Blue River to preserve and improve the natural environment to a
reasonable degree by restoring flows to the Blue River and
increasing available habitat for both Brown and Rainbow trout. To
accomplish this goal, staff recommends that the acquired rights be
"stacked" with the Board's existing Instream flow water rights on the
Blue River (Case Nos. 5-87CW297, 298) to preserve and improve
the natural environment to a reasonable degree;
3) Conclude that the proposed acquisition of water rights is appropriate
to preserve and improve the natural environment of Boulder Creek
and the Blue River.
4) Approve the Acquisition Agreement between the Colorado Water
Trust and CWCB with input by Colorado Water Trust.
5) Acquire the proffered water rights, and;

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