BOARD02254

• Board Meeting Date: 12/9/1998
• Description: Summary Minutes and Record of Decisions - December 9, 1998 Special Meeting
• Board Meetings - Doc Type: Minutes

Ib.. Report from Executive Session

The Board reconvened in Room 318. The afternoon meeting was called to
order at 2:00 a.m. on Wednesday, December 9, 1998, by Chairperson John
Davey. Eight voting members were present at the time of call to order so
there was a quorum (at least six required). Board members present on this
date were Patricia Wells, David Smith, Ray Werner, Bob Burr, Janice
Sheftel, Eric Kuhn, Alan Hamel, Allen Davey, Bill Brown, Wade Buchanan,
Lee Miller (representing the Attorney General), Bruce McCloskey
(representing the Division of Wildlife Director), and CWCB Acting Director
Peter Evans.'

Tape I, Start/Stop: 0001 - 0050
Action: Lee Miller gave an update of the Executive Session. No action taken;
informational item.

2. Staff Overview - Tennessee Creek and Fourmile Creek Instream Flow Issues

Tape I, Start/Stop: 0051 - 0450

Action: Dan Merriman and Mark Uppendahl gave an overview of the issues, and
Peter Evans discussed the process that would be followed during the
meeting. No formal action taken; infonnational item.

3. Tennessee Creek Instream Flow Discussion
Tape I, Start/Stop: 0450 - 4680
Action: Alan Hamel recused himself from this item. After several members of the
attending public made statements, a motion was made by Patricia Wells to
accept the staff's revised recommendation as listed in the December 9, 1998
memo (attached), with the acceptance of2.3 cfs on the upper reach, if the
staff agrees that the R2CROSS was validly performed. With regard to the
middle reach, the staff should look at the winter flow and ensure that the
numbers are correct, and if there are any adjustments made, these
adjustments should be no more than I or 2 cfs, and based on solid hydrology
and geology science. The appropriation date will be December 9, 1998.
The motion was seconded by Wade Buchanan and approved unanimously
(9-0).

3Voting tallies are based on members present for voting. Members recusing themselves are identified. Because Board members may leave the
meeting on occasion, please contact the CWCB office to review the original meeting notes to detennine whether or not a Board member was present
during a specific agenda item.

Minutes December 9.1998