BOARD01498

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

>

- 6-

The Staff recommends that the Board find that the proposed decree, with all of the relevant terms
and conditions, leaves adequate exchange potential through the RICO reach and reasonable
upstream water development opportunities, as demonstrated by the flow frequency graphs
presented to Board, and attached hereto, and thereby allows for maximum utilization of
Colorado's water resources. The Applicant's proposed decree seeks 350 cfs as a maximum flow
rate for this RICO water right. This maximum flow rate comports with the Board's RICO policy,
adopted in January 2004. Moreover, given the Applicant's willingness to narrowly tailor the
various flow rates to the recreational opportunities sought, and to recognize triggers within this
water right (so that there will be exchange opportunities when a flow rate necessary for a given
recreational opportunity is not available) the proposed decree allows for the maximum utilization
of the State's water resources. As noted above, the proposed decree includes language that this
water right will only be in effect between 6:00 a.m. and 10:00 p.m., which also helps promote
maximum utilization of the State's water resources. While the willingness of water users to
accept a water rights decree does not decide the issue of maximum utilization, it is noteworthy
that each of the water users in this case have indicated a willingness to not oppose the proposed
decree in this matter. Flows in excess of the amounts in the proposed decree will reduce exchange
and upstream development potential and will not contribute to the maximum utilization of
Colorado's water resources.

Motion was approved 8-0. Eric Wilkinson recused himself.

18. Stream and Lake Protection - Upper Gunnison River Water Conservancy District, Case Nos.
4-02CW294, and 4-3CW107 Injury with Mitigation Proposal
Tape 3, Track I

Action:

A motion was made by Harold Miskel with a second by Eric Wilkinson to accept
staff recommendation that injury with mitigation is a two-meeting process. At
the first meeting, the Board may "conduct a preliminary review of the pretrial
resolution during any regularly scheduled meeting to determine whether the
natural environment could be preserved to a reasonable degree with the proposed
injury or interference if applicant provided mitigation. At a subsequent meeting,
the Board may "take final action to ratif'y, refuse to ratif'y or ratif'y with additional
conditions." While there are several outstanding issues regarding a final
evaluation of the proposal presented by the Applicant, the Staff believes that the
Board can make its "preliminary" determination. Therefore, staff recommends
that the Board;
I) Make the preliminary determination that "the natural environment could
be preserved to a reasonable degree with the proposed injury or
interference if applicant provided mitigation," and
2) Encourage the Applicant to work with the CWCB staff, the Division
Engineer, and the local community to address any outstanding issues
before the Applicant brings a final proposal to the Board.
Motion was approved 9-0.

19. Water Supply Planning and Finance Section - Financial Matters (3:00 - 3: 15)
a. Lending Rate Structure for FY 2005
Tape 3, Track I 1:0 1:35 - I :04: I 0
Action: A motion was made by Don Schwindt with a second by Eric Wilkinson to
approve staff recommendation that the Board adopt the schedule ofJO-year
lending rates based on the Board approved Financial Policy #7, for all loans
recommended to the General Assembly or approved by the Board from July 1,
2004 through June 30, 2005.

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