BOARD02509

• Board Meeting Date: 7/9/1992
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

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13. Report on Matters Discussed in Executive Session (2:30 - 2:32 p.rn.)

Sara Duncan reported that the Board discussed Item lOa, the Highland Irrigation
Company v. the Arkansas River Compact Admini~tration (ARCA) case, and essentially
talked about the type of legal representation which ARCA is looking for and the
attendant financial considerations.

Sb/lOb. Clinton Reservoir Contract., continued (2:32 p.rn. - 2:35 p.rn.)

Wendy Weiss, AG's Office, stated concerns about various agreements and a 1,000 acre-
foot pool in Dillon Reservoir which need to be preserved in working with Summit and
Grand Counties on the Clinton Reservoir contract.

Sd/lOd. Grand County Instream Flow Filings. (2:35 - 3:26 p.rn.)

Wendy Weiss, AG's office, discussed impacts on CWCB rights and policy options for
consideration by the Board. Barney White, representing Grand County, spoke on the
need for assurances from the Board. Questions were asked by Harrison, Martineau,
Smith, Sheftel, Jackson, and Simpson, Duncan disclosed a conflict of interest. A
motion was made by Jackson and seconded by Harrison to defer consideration of the
subject until tomorrow. Discussion followed by Jackson, Harrison, Meyring, Eisel,
Weiss, White, Simpson, Merriman, and Duncan. Smith was recused. The motion
passed by unanimous (8-0) decision with one abstention.

7a. Matters in Litigation, Four Corners Action Coalition v. Underwood - Case No. 92-2341
(3:26 - 3:39 p.rn.)

Janice Sheftel recused herself. Wendy Weiss, AG's staff, briefly outlined the plan for
tomorrow to get information by telephone for an update on the lawsuit challenging the
EIS for the Animas-La Plata Project.

Th. Matters in Litigation, United States Application (Rocky Mountain National Park)
(3:39 - 3:46 p.rn.)

Wendy Weiss, AG's staff, briefed the Board on the status of Case Nos. W-8439-76 and
W-8788-77 and the government's Motion for Summary Judgment. Questions were
asked by Harrison.

8e. Public Comment on Matters to be Discussed in Executive Session in Item 10,
Colorado River Operating Procedures (3:46 - 3:47 p.rn.)

Gene Jencsok, CWCB staff, indicated this matter will be covered tomorrow in Item

July 1992 Meeting, page 5