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<br />. <br /> <br />. <br /> <br /> <br />. <br /> <br />Current Status <br />At the July Board meeting in Montrose, the Board raised several issues that the Applicant has <br />adequately addressed, First, the Applicant has amended paragraph 7 to provide that if any of the <br />improvements are removed or not maintained then the Applicant agrees not to divert water in the <br />Upper Meadow Ponds Ditch in any amount that would reduce the flows in the subject reach to <br />less than 20 cfs, However, the Applicant requested, and the Staff found the request to be <br />reasonable, to permit the Applicant a 60 day window to replace washed out structures without <br />this condition applying. Second, the Applicant agreed to include the proposed stipulation in the <br />decree by reference, Third, the Applicant agreed to attach a copy of the proposed decree and <br />include language in the stipulation that the CWCB agrees to a proposed decree no less restrictive <br />than the attached decree. Finally, the Applicant included language that it would install such <br />measuring devices as the Division Engineer may require. <br /> <br /> <br />A trial is currently scheduled for October 22-24, 2001 in Steamboat Springs, but all discovery <br />deadlines have been stayed until early October, pending the CWCB's decision regarding the <br />injury with mitigation option. <br /> <br />Staff Recommendation <br />Pursuant to Rule 9.43, Injury Accepted with Mitigation is a two-meeting process, At the second <br />meeting, the Board may "take final action to ratify, refuse to ratify or ratify with additional <br />conditions. " <br /> <br />The present proposal for Injury Accepted with Mitigation adequately addresses the concerns of <br />the CWCB staff. The present proposal addresses the concerns raised by the Board at the July <br />Board meeting. The Division and State Engineer are in the process of finalizing an acceptable <br />stipulation and decree with the Applicant. <br /> <br />Therefore, the Staff recommends that the Board ratify the currently proposed Injury Accepted <br />with Mitigation proposal and authorize the Staff to settle this dispute by signing the attached <br />stipulation. <br /> <br />Attachments <br /> <br />3 Forks Ranch <br /> <br />3 <br />