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<br />. <br /> <br />17. <br /> <br />Instream Flow Program: Statements of Opposition (2:45 - 2:47 p.m.) <br /> <br />a. Case Nos. 5-91CW132, 137, 138; Division of Wildlife <br /> <br />Dan Merriman, CWCB staff, introduced the subject. A motion was made by Smith <br />and seconded by Eisel to accept the staff recommendation to ratify the statements <br />of opposition filed in these cases to protect the Board's instream flow appropriations <br />on Big Beaver Creek. The motion carried by unanimous (8-0) decision. <br /> <br />18. Instream Flow Program: Stipulations (2:47 - 2:52 p.m.) <br /> <br />a. Case No. 1-89CW163; M.D.C. Land Corp. <br />b. Case No. 1-89CW230; Vajradhatu (Rocky Mountain Dharma Center) <br />c. Case No. 1-87CW303; Beaver Brook Water Consumers Assoc. <br />d. Case No. 1-90CW108; City of Lafayette <br />e. Case No. 4-90CW072; Taramarcaz <br />f. Case No. 5-88CW382; U.S.A <br />g. Case No. 5-87CW382; Whatley Ranch <br />h. Case No. 5-90CW140; Rifle Gap Land Corp. <br />i. Case No. 5-90CW208; J.M.C. Company <br />j. Case Nos. 5-91CW077, 078; Kensington Land Investment Partners, et al. <br /> <br />. Dan Merriman, CWCB staff, introduced the above stipulations. Item 18c was <br />withdrawn from consideration by the staff. Item 18e was tabled to allow the Board <br />and the AG staff additional time to address the concerns raised by the Division <br />Engineer. Item 18f was discussed in executive session on Thursday and a motion was <br />passed on Thursday afternoon (see items 8c and 9c). Eisel was recused from <br />consideration of items 18b and 18i due to a potential conflict of interest. Harrison <br />was previously recused from consideration of item 18f for the same reason. There <br />was no further discussion. A motion was made by Eisel and seconded by Smith to <br />accept the staff recommendations to ratify the proposed stipulations for items <br />18adghj. The motion passed by unanimous (8-0) decision. A second motion was <br />made by Martineau and seconded by Smith to accept the staff recommendations to <br />ratify the terms and conditions of the proposed stipulations for items 18b and 18i. <br />The second motion also passed by unanimous (7-0) decision. <br /> <br />9fg. Matters in Litigation . Report on Items 9f and 9g Discussed in Executive Session <br />(2:52 - 2:55 p.m.) <br /> <br />f. Trial Status of the Boat Chute Case <br />g. Stipulation for the Cache La Poudre Wild and Scenic River <br /> <br />. <br /> <br />Jennifer Gimbel, First Assistant AG, reported on presentations to the Board over <br />lunch during executive session. At that time, Cliff Seigneur presented a status report <br />on the Cache La Poudre Wild and Scenic River stipulation, and Linda Preslan made <br /> <br />11 <br />