BOARD01512

• Board Meeting Date: 8/26/1988
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
721 State Centennial Building
1313 Sherman Street
Denver, Colorado 60203
Phone: [phone]

STATE OF COLORADO
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July 20, 1988

Roy Romer
Governor
). William McDonald
Director
David W. Walker
Deputy Director

Mr. Duane Woodard
Attorney General
1525 Sherman Street. 3rd Floor
Denver, CO 80203

Dear Duane:

The Board has discussed at some length. over the course of
its past three meetings. the claims of the U.S. Forest Service
for instream flows for channel maintenance purposes. We have
had presentations and memoranda from your staff. a presentation
by the U.S. Justice Department at last week's meeting, comments
from objectors in Divisions 1 and 3. and input to me and other
members of my staff from meetings with objectors in the various
divisions.

After consideration of the pros and cons of negotiating
versus litigating the Forest Service's claims. the Board has
concluded that it would be preferable to litigate the issue of
whether reserved water rights for channel maintenance purposes
even exist. Accordingly, at its meeting on July 14-15. the
Board unanimously passed the following motion:

As a client agency of the Attorney General,
the Board respectfully requests and strongly
urges that the Attorney General: (1) cease
all negotiations with the United States on
these claims in all water divisions, (2)
take the position that the United States
cannot obtain instream flows for channel
maintenance purposes, and (3) thoroughly
prepare to litigate this position in
Division 1 in a test case on one or two
streams.

7644E