BOARD02435

• Board Meeting Date: 7/25/2006
• Description: Draft Summary Minutes and Record of Decision - May 16-17, 2006
• Board Meetings - Doc Type: Memo

r

,

e

16. Stream and Lake Protection Section - Uncontested 2006 Instream Flow Appropriations
Tape 2, Track 1 00:27:01-01:53:05
Action: A motion was made by Eric Wilkinson and seconded by Carl Trick to withdraw
North Fork Escalante Creek from the list of uncontested 2006 instream flow
appropriations, in effect, tabling action on it to re-notice it for 45 days, with a
notice-to-contest deadline of June 30, 2006. The motion was approved
unanimously (10-0).

A motion was made by Tom Sharp and seconded by Harold Miske1 to vote
separately on the remaining streams listed in agenda item 16. Eric Wilkinson,
Don Schwindt, and Barbara Biggs voted against the motion. The motion was
approved (7-3). (01:49:27 - 01 :50:26)

Action:

Individual motions were made in the following order on the remaining streams
listed on agenda item 6 to approve Staffs recommendation that the Board:

1) Determine, pursuant to section 37-92-102(3), and based upon the
recommendations of the CDOW, BLM, USFWS and/or USFS, a review
of the data and other information presented by Staff, both in the agenda
item 16 memo and orally, Staff's recommendation for the instream flow
appropriations on the streams identified; that:

b)

a)

A natural environment does exist on each
stream;
Water is available in each stream and lake for
appropriation;
The natural environment will be preserved to a
reasonable degree by the water available for the
recommended appropriations;
There is a natural environment that can be
preserved to a reasonable degree with the
recommended water rights, if granted; and
Such natural environment can exist without
material injury to water rights.

t

c)

d)

e)

2) Pursuant to Rule Sf., establish January 25, 2006 as the
appropriation date for these in stream flows rights.
3) Request the Attorney General's Office to file the necessary water
rights applications.

A motion was made by Barbara Biggs and seconded by Travis Smith to approve
Staff's recommendation to take the above-mentioned action on Rock Creek in
Jefferson and Boulder counties. The motion was approved unanimously (10-0).
(01:50:51-01:51:06)

Action:

Action:

A motion was made by Eric Wilkinson and seconded by Barbara Biggs to
approve Staff's recommendation to take the above-mentioned action on

t

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. CODseIVation and Drought Planning
6