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II 1 " Action: A motion was made by Don Schwindt with a second by Tom Sharp to waive the Confidentiality right to make available the memo provided by the Attorney General's office to the public. Motion was approved 9-0. Russell George was not present. . 24. Stream and Lake Protection / Water Supply Protection - Elkhead Reservoir Enlargement Water Acquisition Tape 2, Track 1 5:34:00 - 5:51:00 Action: A motion was made by Director Tom Sharp with a second by Director John Redifer to approve staff's recommendation, including the recommendation that the Board make the following specific fmdings: 1) Determine that the acquired water rights should be utilized to preserve or improve the natural environment in the Critical Habitat Reach of the Yampa River for the benefit of the listed fish species in the Upper Colorado River Basin, in accordance with the provisions of the Acquisition Agreement. 2) Make a specific finding, pursuant to Paragraph 3 of the "Memorandum of Agreement Between the United States Department of the Interior Fish and Wildlife Service and the Colorado Water Conservation Board Concerning the Enforcement and Protection of Water and Water Rights" dated September 1993 (Exhibit A to the Acquisition Agreement), that the purpose of this water acquisition is for the benefit of the listed species in the Upper Colorado River Basin and that the 1993 MOA will apply to this acquisition. 3) Conclude that the proposed acquisition of water rights is appropriate to preserve or improve the natural environment in the Critical Habitat Reach of the Yampa River for the benefit of the listed fish species in the Upper Colorado River Basin. . 4) Approve the attached Acquisition Agreement between Reclamation, the River District, the Service and the CWCB contingent upon a. Satisfactory completion of the NEP A process for the Elkhead Reservoir enlargement, including the accompanying Yampa River Programmatic Biological Opinion, and, b. Satisfactory resolution of the indemnification language issue with the Solicitor's Office. 5) Acquire the proffered water rights pursuant to the terms of the Acquisition Agreement and subject to the conditions of paragraph 4 above. The motion was approved 9-0. Russell George was not present. 25. Attorney General's Report and Legal Briefing Tape 2, Track 1 5:51:00- Action: A motion was made by Tom Sharp with a second by Eric Wilkinson to go into executive session to discuss the following items: 25.b. Colorado River Compact Issues - Board will receive a briefing from staff on the progress in the development of draft shortage criteria and related issues, which presently center in large part the Mexican Water Treaty. 25.d. Upper Gunnison River Water Conservancy Dist. RlCD Litigation, Case No.4- 02CW38 26.a. Trout Unlimited v. USDA, Case Nos. 04-1317, 04-1326, & 04-1346, U.S. Court of Appeals, Tenth Circuit . Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning