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BOARD01709
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Last modified
8/16/2009 3:06:12 PM
Creation date
10/4/2006 7:01:18 AM
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Template:
Board Meetings
Board Meeting Date
5/3/1985
Description
Agenda, Minutes, Memos
Board Meetings - Doc Type
Meeting
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<br />~ <br /> <br />. <br /> <br />Mr. Vandemoer moved, seconded by Mr. Smith, that the Board <br />approve the proposed stipulation. Motion adopted unanimously. <br />(Mr. Lochhead abstained due to client interests.) <br /> <br />d. Approval of Revisions to Appropriations <br /> <br />The following listed cases were presented for approval of <br />revisions to appropriations: <br /> <br />l. <br />2. <br />3 . <br /> <br />Case No. <br />n II <br /> <br />II II <br /> <br />4-84CW381. Soap Creek <br />4-84CW387, Henson Creek <br />4-84CW412, Main HUbbard Creek <br /> <br />Mr. Wright moved. seconded by Mr. Lochhead, that the Board <br />approve the proposed revisions to procedures. <br /> <br />Motion adopted unanimously. <br /> <br />4. Case No. S-W3631, Red sandstone Creek <br />S. Case Nos. 5-W3636 & S-W3637, Gore Creek <br /> <br />Mr. Smith moved, seconded by Mr. Wright. that the Board <br />approve the proposed revisions to procedures. Motion adopted <br />unanimously. <br /> <br />. <br /> <br />e. Proposed Procedures Concerning Filing of Statements of <br />Opposition <br /> <br />In his discussion of this item, Mr. Jencsok stated that at <br />its May 4, 1984, meeting, the Board adopted revisions to <br />Section VII of the "Procedures for the Administration of the <br />Instream Flow/Natural Lake Level Program." Section VII deals <br />with the procedures for filing Statements of Opposition and <br />protests to referee's rUlings. It states that the director <br />shall file Statements of Opposition and protests to referee's <br />rUlings "... whenever potential injury, regardless of <br />maqnitude, exists to a CWCB water right" (emphasis supplied). <br /> <br />Since implementing these procedures, the staff has filed a <br />number of Statements of Opposition in which the degree or <br />magnitude of injury has been, in the staff's opinion. <br />insignificant. In these cases the staff has recommended, and <br />the Board has approved, the withdrawal of the Statements of <br />Opposition without further pursuing the case. <br /> <br />. <br /> <br />Considerable time, effort, and cost are expended by the <br />staff and the Attorney General's staff in reviewing these <br />cases, filing Statements of Opposition, presenting the cases to <br />the Board, and ultimately withdrawing the Statement of <br />Opposition. Staff time and costs could be saved if the Board <br />would give the staff the discretion to decide whether a <br />Statement of Opposition should be filed and presented to the <br />Board for ratification when the magnitude of injury is very <br /> <br />-13- <br />
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