BOARD02509

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

29a. Final Notice; Water Division S, Snowmass Creek,. continued
(estimated _:_ - 4:55 p.rn.)

e

A motion was made by Harrison and seconded by Jackson that the Board 1) announce
its intention to proceed to conform the instream flow rights on Snowmass Creek to
those sorts of quantifications that would be based on currently best available data,
2) that we continue to consult with counsel between now and the September meeting
to determine exactly what the procedure ought to be to get that result accomplished,
and 3) that we also leave the record open between now and the September meeting
for any additional data that can be put together, particularly the low flow data that has
been talked about, and we will take that additional data into account by the time we
take final action in September. Chairman Martineau continued to allow public
co=ents. Dick Wall, Mayor of Snowmass Village, handed out a resolution passed
by the Town of Snowmass Village. Questions were asked by Jackson and Martineau.
Discussion continued by Sheftel and Jackson. Chairman Martineau closed the public
session and called for the question. The motion to defer the matter to the September
meeting passed by nn..nimous (8-0) decision. Harris Sherman requested clarification
on the intent of the motion which was answered by Harrison. Additional data was
requested to be submitted to the Board staff no later than September 4, ten days prior
to the meeting.

36. Instream Flow Program: Matters in Litigation; Case No. 9OSAS14, Thornton v. Ft.
Co)II.'!~.1 et aL (estimated 4:55 - 5:10 p.rn.) .. . '" . .'

e

Dan Merriman, CWCB staff, introduced Mike Shimmin, attorney for Ft Collins, who
reviewed the basic facts of the case and his interpretation of the ramifications on the
Board's instream flow program of the Supreme Court decision. Discussion followed
by Jackson, Wright, Martineau, Sheftel, Duncan, Harrison, Smith, and Eisel.
Additional co=ents were made by Jennifer Gimbel, AG's office and Dan Merriman.
This was an information item and no action was taken.

30. Statement of Opposition; Case No. S-92CW046, B&B Excavating (estimated: -
_:_ p.m.)3

Dan Merriman, CWCB staff, referred to the staff memo that identified this water right
application as having the potential to injure instream flow rights held by the Board and
asked the Board to ratify the statement of opposition which has been filed by the staff.
A motion was made by and seconded by to adopt the staff
reco=endation to ratify the statement of opposition filed in the case to protect the
Board's instream flow rights. The motion passed by nn..nimous (7-0) decision.

3There is no tape record of the meeting after about 5:10 p.m. near the
conclusion of Agenda Item 36.

e

July 1992 Meeting, page 14