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<br />\ <br /> <br />with the Court's mling, but requested that the Court reconsider that portion of its mling finding <br />that the CWCB's instream flow rights are "nonconsumptive." The CWCB opposes Central . <br />City's motion to reconsider, since CWCB's ISF rights must be treated like any other water rights <br />as a matter of law in any case, and as a matter of fact the uncontested evidence established the <br />ISF right as nonconsumptive. The Court has not yet ruled on Central City's motion. The Board <br />members may wish to discuss with counsel in executive session the ramifications of the <br />decision and whether to appeal. <br /> <br />10. RICD Application of Upper Gnnnison Water Conservancy District (Case No. <br />02CW038) <br />On December 26,2003, the Division 4 Water Court issued its order in this case. Water Judge <br />Steven Patrick granted the District a conditional RICD water right in the amounts requested by <br />the District, rejecting the State's arguments and unequivocally endorsing the District's claims. <br />Notice of appeal was filed on Febmary 9. <br /> <br />11. South Platte Three-State Cooperative Aereement <br />These discussions, involving Colorado, Nebraska, Wyoming and the U.S. Fish & Wildlife <br />Service, have been focused on developing a recovery program and avoiding jeopardy opinions <br />for water uses on the Platte. We are now in the midst of the EIS process. <br /> <br />12. Bvpass Flow issues in Southwestern Colorado. <br />Russell George has scheduled a meeting with Regional Forester Rick Cables to discuss this <br />issue, and Mr. Cables is scheduled to appear at this Board meeting as well. <br /> <br />. <br /> <br />. <br /> <br />4 <br />