BOARD01376

• Board Meeting Date: 7/25/2006
• Description: Agenda
• Board Meetings - Doc Type: Agenda

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12,

3

Stream and Lake Protection Section - Injury with Mitigation - Case Nos, 5-04CW238;
Application of S.G, Company-- Pursuant to ISF Rule 8i.(3), the Board will be asked to
conduct a preliminary review of the proposed pre-trial resolution of this case to
determine whether the natural environment of the Blue River could be preserved to a
reasonable degree with the proposed i'1iury or interference if applicant provided
mitigation, This is the first of two required meetings for the Board to approve an l'1iury
with Mitigation proposal, (3:25 - 3:45)

13, Stream and Lake Protection Section-Case Nos. 5-98CW205 and 5-03CW078 (Upper
Eagle Regional Water Authority)--Staff and the Attorney General's Office will ask the
Board to authorize (/) the filing of a petition to invoke retainedjurisdiction in Case Nos.
98CW205 and 98CW270, and if the CWCB's motionfor new trial in Case No, 03CW078
is denied, (a) the filing of a petition to invoke retained jurisdiction in that case. and (b)
the filing of a notice of appeal of Case No, 03CW078 with the Supreme Court, The
Attorney General's Office will request that the Board discuss litigation strategy in these
cases in Executive Session. (3:45 - 3:55).

14, Attorney General's Report & Legal Briefing - This is background briefing on legal issues
contained in the Attorney General's written report and the items listed below. The Board
may refer to any of the items discussed under this topic to Agenda Item No. 12 for
discussion in Executive Session if the Board has questions about the litigation. (3:55-
4:10)

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a,

Case No, 3-04CW24; Concerning the Rules Governing New Withdrawals
of Ground Water in Water Division 3 Affecting the Rate or Direction of
Movement of Water in the Confined Aquifer System
Case No. 3-04CW35; Application of the United States (Great Sand Dunes
National Park)
Trout Unlimited v, USDA, Case Nos. 04-1317, 04-1326, & 04-1346, U.S,
Court of Appeals, Tenth Circuit

b,

c,

15, Executive Session Items - Based upon attorney-client privilege, the Board may discuss in
Executive Session any litigation that is pending or imminent. (4:10 - 5:10)

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RECESS

5:10 pm

a.

Application of Upper Eagle Regional Water Authority; Case No, 5-
03CW078, and Upper Eagle Regional Water Authority Case Nos. 5-
98CW205 and 98CW270.
Gunnison River (Black Canyon) Federal Reserved Rights Application,
Case No. 4-0ICW05, and related cases.
Colorado River Compact Issues - Seven Basin States Issues, Center for
Biological Diversitv v, Bureau of Reclamation, U,S, District Court for the
District of Arizona, and Conseio de Desarollo Economico de Mexicali v,
Norton, D, Nev" CY-S-05-0870
Kansas v, Colorado
Case No, 7-0ICW54; Animas-La Plata project Diligence Case/A-LP
change applications and motions to modify 1991 decrees oftribal reserved
water rights (02CW86 and 87; W-1603-76 F and J)
Chatfield Reallocation Study - Mt. Carbon Metropolitan District

b.

c,

d.

e,

(

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