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Last modified
8/16/2009 3:10:35 PM
Creation date
10/4/2006 7:08:43 AM
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Board Meetings
Board Meeting Date
5/19/2003
Description
ISF Section - Authorization to Proceed to Trial - Case No. 5-97CW283; Town of Breckenridge
Board Meetings - Doc Type
Memo
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<br />-2- <br /> <br />settlement options with the Town. To date, none of the 8ettlement options have been mutually . <br />acceptable. On May 13,2003, the Staff will meet again with the Town to discuss the Staff's most <br />recent settlement offer but it is unclear whether the Staff's proposal is acceptable to the Town, <br /> <br />This case is set for a three-day trial, to begin on July 1, 2003. Pursuant to the Board's instructions, <br />the Staff is continuing to prepare for trial and exploring settlement options. This is the last Board <br />meeting before the beginning of trial and, thus, the Staff is requesting authorization to proceed to <br />trial. While the Board has previously authorized the Staff to proceed to trial, the CWCB rules <br />provide: "In the event that a Statement of Opposition filed by the Board is not settled prior to the last <br />regularly scheduled Board meeting prior to the trial pate, Staff shall seek Board authorization to <br />proceed to trial." Consequently, the Staffis seeking authorization at this Board meeting ("the last <br />regularly scheduled Board meeting prior to the trial date") to comply with the CWCB rules. <br /> <br />Staff Recommendation <br /> <br />The Staff recommends that the Board authorize the Staff to proceed to trial to protect the CWCB's <br />instream flow water rights on Miners Creek and the ,Blue River. The Staff further recommends that <br />the Board encourage the Staff to continue discussing settlement with the Applicant in order to obtain <br />adequate terms and conditions to prevent injury to the CWCB's water rights on Miners Creek and <br />the Blue River. <br /> <br />Flood Protection. Water Project Planning $Jld Finance. Stream and Lake Protection <br />Water Supply Protection 0 Conservation Planning <br /> <br />e <br /> <br />. <br />
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