BOARD01887

• Board Meeting Date: 3/16/2004
• Description: Summary Minutes and Record of Decisions - November 19-21, 2004
• Board Meetings - Doc Type: Memo

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20. Stream and Lake Protection and Flood Section - Request for Approval of Policy
regarding RlCDs.
Tape 2, Track 1 1 :02:20 - 2:37:30

Action:

A motion was made by Harold Miskel with a second by Carolyn McIntosh to
approve staffrecommendation to adopt the proposed Recreational In-Channel
Diversion Policy regarding teclmical criteria with any changes deemed
appropriate as a result of public comments made at the workshop and at the
CWCB meeting. The following additional language will also be included at
the end ofthe "Hydraulic Engineering Definition of Control" section of the
policy, located on page 5 of the proposed policy:
"The CWCB's definition of hydraulic control applies to at least one man-
made structure within an existing or proposed stream reach that is the subject
of an RICD water right. It is recommended that hydraulic structures should
capture and control the entire streamflow for the RICD flow rate, or range of
flow rates, requested by the applicant. For example, if a proposed RICD
stream reach is 900 feet long and contains 7 hydraulic structures, at least one
of the structures should capture and control the RlCD stream flow for the
intended recreational use. The CWCB suggests that an inconsistency with the
requirements ofSB 01-216 would result if control ofthe RlCD flow, as
defined above, does not occur." Motion was approved 9-0. Greg Walcher
was not present.

21. Attorney General's Report and Legal Briefing .
Tape 2 Track 1 2:37:30 - 2:49:30
Action: A motion was made by Carolyn Mcintosh with a second by Harold Miskel to
go into Executive Session to discuss the following Agenda items:
22a. NPS Quantification of Black Canyon Rreserved Right, Case No. 4-
W437.
22b. Proposed Purchase and Donation of Water Right for Instream Flows
22d. Gunnison River Federal ISF Application
22e. Discussion ofIssues re: Gunnison RICD Litigation
Motion was approved 8-0. Greg Walcher was not present. Eric Wilkinson
recused himself from discussionof 22e.

22. Executive Session
Under advisement oflegal counsel, this session was not be recorded due to attorney/client
privileges.

23. Report from Executive Session
Tape 2, Track 2 0-4:10
Action: A motion was made by Carolyn McIntosh with a second by Don Schwindt to
direct the Attorney General to take necessary action on items 22a,b,d,e.
Motion was ap r ved 9-0. Greg Walcher was not present.

Director's Reports - , DO , CWCB, SEO, DOW, WRPDA
Tape 2, Track 2 4:10 - 37:40

Action: Information item. No formal action taken.
Flood Protection. Water Project Planning and Finance. Stream and Lake Prot~tion
Water Supply Protection. Conservation Planning

24.

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