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Last modified
8/16/2009 3:17:09 PM
Creation date
10/4/2006 7:17:25 AM
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Board Meetings
Board Meeting Date
3/21/2002
Description
ISF Section - Re-ratification of SOP and Authorization to Proceed to Trial Town of Breckenridge/Boat Chute, Case No. 5-00CW281 and Eagle River Water and Sanitation District, Case No. 5-00CW259
Board Meetings - Doc Type
Memo
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<br />-2- <br /> <br />" <br /> <br />The trial is currently set for these two cases in early May 2002. As the Board knows, the Staff has <br />explored settlement with both parties, but a settlem~nt favorable to this Board and the parties could . <br />not be reached, <br /> <br />Ratification ofthe Statements of Opposition <br />The Board ratified the Statements of Opposition filed in these cases at its March 26 200 I, <br />meeting; however, it appears that the Applicants may not have received prior notification of the <br />ratification pursuant to Rule 9.21. Rule 9.21 provi4es: <br /> <br />, <br />Prior to ratification of a Statement of Opposition, the staff shall mail the applicant a copy of <br />the Board memorandum concerning the ratification and a copy of the agenda of the meeting <br />in which the ratification will be considered, <br /> <br />Rule 9.20 provides: <br /> <br />, <br />At a Board meeting following the filing of the $tatement of Opposition, the staff shall apprise <br />the Board of the filing of a Statement of Oppos~tion and the factual basis for the staff action, <br />At that time, the Board shall ratify the filing, dIsapprove the filing, or table the decision to a <br />future meeting if more information is needed prior to making a decision, <br /> <br />Consequently, in the event that the Board's ratification was not in compliance with Rule 9,21, <br />the Staff seeks to rectify this issue, The Staff has mailed a copy of this memorandum, the . <br />original March 2001 ratification memoranda (attached), and the March 2002 agenda to <br />Breckenridge and the ERW&SD, ' <br /> <br />Staff Recommendation <br />The Staff recommends that the Board: 1) re-ra.tify ,the statements of opposition in these two cases; 2) <br />authorize the Staff to proceed to trial; and 2) purs* the trial strategies as directed by the Board in <br />executive session, <br /> <br />. <br /> <br />; <br />. Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection . ~onservation Planning <br />
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