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<br />~ <br /> <br />10. Matters Discussed in Executive Session 3:35 - 3:36 p.m. a, <br />Tape 2, Start/Stop 2262 - 2279 - <br />Action: The A WW v. CWCB (Snowmass Creek) case, Reserved Rights case, <br />and Animas-La Plata litigation were discussed. No action was taken. <br /> <br />lla. Instream Flow Program: <br />Preliminary Notice Water Division 1, Boulder County 3:36 - 4:01 p.m. <br />Tape 2, Start/Stop 2289 - 3213 <br />Action: A motion was made by Leo Eisel to move the staff recommendation <br />that for each stream listed in the attached Preliminary Notice to <br />Agenda Item lla, that the Board preliminarily, <br />(1) Based upon the recommendations of the staff and DOW, a <br />review of the data and other information presented by the staff, <br />in the Board Memorandum, Agenda Item lla, and orally, that <br />the Board make the following determinations: <br /> <br />(a) A natural environment does exist on each stream; <br /> <br />(b) Water is available in each stream for <br />appropriation; <br /> <br />(c) The natural environment will be preserved to a <br />reasonable degree by the water available for the A <br />recommended appropriations; . <br /> <br />(d) There is a natural environment that can be <br />preserved to a reasonable degree with the <br />recommended water rights, if granted; and <br /> <br />(e) Such natural environment can exist without <br />material injury to water rights. <br />(2) That the Board advance the streams listed in the attached <br />Preliminary Notice to Final Notice status. <br /> <br />The motion passed (7-0), with David Harrison abstaining. <br /> <br />12a-w Instream Flow Program: Statements of Opposition 4:01 - 4:50 p.m. <br />Tape 2 Start/Stop 3213 - 5274 <br />Action: Motions were made on each Agenda Item 12a -12w as stated below. <br /> <br />12a. Case No. 1-92CWI56; City of Aurora Tape 2, Motion @ 3311 <br />A motion was made by Ray Wright to ratify the Statement of Opposition filed <br />to protect the Board's instream flow rights on Jefferson, Michigan and <br />Tarryall Creeks. The motion was seconded by David Smith, and passed <br />unanimously (8-0). e <br /> <br />4 <br />