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<br />4. The application would not impair the rights of the <br />State of Coloraoo under the Republican River Compact. <br /> <br />5. The CWCB has a right to make these appropriations <br />pursuant to the Colorado Constitution, statutes and <br />case law. <br /> <br />6. The Attorney General has filed a Motion to Dismiss the <br />Statements of Opposition and Motion for Summary <br />Judgment based on the following arguments: <br /> <br />a. No genuine material issues of fact remain for <br />determination at trial and the remaining facts are <br />merely part of the applicant's prima facie case and <br />are not facts which must be litigated between <br />parties. <br /> <br />b. The objectors have not alleged any injury which the <br />court may properly consider. <br /> <br />c. A junior surface water right cannot injure a senior <br />water right as a matter of law. <br /> <br />Judge Behrman has not ruled on the motion to date. <br /> <br />Staff Recommendation <br /> <br />Authorize the staff and the Attorney General to proceed to <br />trial to protect the Board's instream flow appropriation on the <br />N. Fork Republican River and Chief Creek. <br /> <br />JWM/gl <br /> <br />Attachment <br />