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<br />Action: <br /> <br />Dan Merriman explained the case for the Board members. David <br />Rooney, legal representative for the McClung Family, addressed the <br />Board. The original application did not fall under the dimittimus rule when <br />the application was initially filed. If it had, the Board would not have been <br />asked to make a decision. Patricia Wells made a motion to accept the <br />staff recommendation and Harold Miskel seconded the motion. It was <br />approved unanimously. (9-0) <br /> <br />9.1. Authorization to Proceed to Trial - Case No. 6-95CW079: Upper Yampa Water <br />Conservancy District <br />Tape 1 : Start/Stop 5800 - 61 28 <br />Action: A motion was made by Patricia Wells to approve the staff <br />recommendation and seconded by Eric Wilkinson. It was approved <br />unanimously (9-0). <br /> <br />10a. Bear Creek Watershed ISF Case Numbers 94CW250, 251,256,259 and 260 <br />Tape 1: Start/Stop: 6128-6566 <br />Action: Steve Sims presented background information about these cases. <br />Additional discussion was held in Executive Session. Information item; <br />no action taken. <br /> <br />10b. Executive Session Report <br />Tape 1: Start/Stop: 6980 - 7059 <br />Tape 2: Start/Stop: 0045 - 0067 <br />Action: Carol Angel and Steve Sims explained the information that would be <br />discussed during Executive Session. Harold Miskel moved to begin the <br />Executive Session and Eric Kuhn seconded the motion. It was approved <br />unanimously. (9-0) Carol Angel and Steve Sims summarized the items <br />discussed during the Executive Session. This was an information item <br />and no action was taken. <br /> <br />11a. Tunnel Water Company - Repair of Collapsed Supply Tunnel <br />Tape 2: Start/Stop: 0067 - 0675 <br />Action: John Van Sciver, CWCB staff member, and Fred Walker, President of the <br />Water Supply and Storage Company and theTunnel Water Company, <br />illustrated how a tunnel near Chambers Lake (Ft. Collins area) had <br />collapsed and showed the need for repairs to this tunnel. The Tunnel <br />Water Company is requesting an emergency 4 V2% loan to repair the <br />tunnel. The Board stressed the point and made it a part of the <br />amendment that this interest rate is an exception to the rule and should <br />not be expected for other loans. A motion was made by Bob Burr to <br />accept the staff recommendations to make a loan. The motion was <br />seconded by Eric Wilkinson. There was an amendment to the motion. <br />It was approved <br /> <br />unanimously. (9-0) <br /> <br />Minutes September 25-26, 2000 <br />Page 5 <br />