BOARD01498

• Board Meeting Date: 9/13/2004
• Description: Summary Minutes and Record of Decisions - May 24-27, 2004
• Board Meetings - Doc Type: Memo

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the staff, in this memo and orally, and the staffs recommendation for Instream flow
appropriations on the streams identified; that:
a. A natural environment does exist on each stream;
b. Water is available in each stream for appropriation;
c. The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriations;
d. There is a natural environment that can be preserved to a reasonable degree with the
recommended water rights, if granted: and
e. Such natural environment can exist without material injury to water rights.

(2) Date of Appropriation, pursuant to Rule 5f, staff recommends the Board choose January 28,
2004, the date the Board declared its intent to appropriate, as the Date of Appropriation.
(3) Request the Attorney General's office to file the necessary water rights applications.
Motion was approved 9-0.

15. Water Supply Planning and Finance Section - Policy Review
a. Policy #5 - Collateral for Construction Fund and Severance Tax Trust Fund Perpetual
Base Account Loans
Tape 3, Track I 1:38:54 -2:37:10
Action: Agenda item was tabled at this time for further discussion.

16. Water Supply Planning and Finance Section - Reversal of Residual Project Funds
a. Non-Reimbursable Investments
b. Loans
Tape 3, Track I 58:40 - 1:01 :35
Action: A motion was made by Harold Miskel with a second by Bob Burr to approve
staff recommendation that the Board instruct the Department of Natural
Resources Controller to reverse the residual account balances for the proposed
list of Construction Fund projects back to the unreserved cash balance in the
Construction Fund (Fund 424) in order to make the residual project funds
available for future water supply project loans, feasibility studies, grants, and
non-reimbursable projects and studies.
Motion was approved 9-0.

17. Longmont Recreational In-channel Diversion (RICO) Informal Hearing
Tape 3, Track I I: 10:30 - 1:38:54
Action: A motion was made by Bob Burr with a second by Don Schwindt to accept staff
recommendation that the Board authorize the Office of the Attorney General to submit the Findings and
Recommendation to the Water court, and to sign the stipulation consenting the decree as follows:

Staff Report and Recommendation
I. Whether the amount of water sought for the RICO represents the minimum stream flow necessary to
provide a reasonable recreation experience in or on the water. (Rule 7)

Senate Bill 216 ("SB 216") only permits an entity to obtain a water right for the minimum stream
flow necessary to provide a reasonable recreational experience. The Applicant has narrowly tailored the
requested flow amounts to the various recreational opportunities sought. The Staff agrees thatt he flow
amounts in the Applicant's current proposed decree represent the minimum stream flow necessary to
provide a reasonable recreation experience in or on the water for each recreational experience sought by
the proposed decree. Thus, the Staff recommends that the Board find that the amount of water provided in
the proposed decree represents the minimum amount of water necessary to provide a reasonable

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