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• Board Meeting Date: 11/18/2007
• Description: ISF Section - Porposed Legislation Concerning the ISF Program
• Board Meetings - Doc Type: Memo

Assembly enacted HB 07-1012, which protects water rights owners from loss of consumpti~~e
use and the presumption of abandonment when they loan or lease water to the CWCB for short
periods of time under section 37-83-105(2), C.R.S. Howe~~er, the bill did not extend the
protection to long term leases of water, which can be critical for effecti~~e, long term restoration
efforts. Water rights owners interested in contracting with the CWCB to allow instream flow use
of their water rights have expressed concern about potential negati~~e consequences of such
instream flow use in future water right change or abandonment proceedings.
Discussion
The proposed draft legislation attached to this memo addresses the concerns described abo~~e in
the same manner that HB 07-1012 did in the context of temporary loans or leases of water to the
CWCB under section 37-83-105(2), C.R.S. The proposed legislation would:
~ Amend section 37-92-102(3) to exclude all periods of time during which the CWCB uses
water, water rights or interests in water for instream flow purposes from any historic
consumptive use analysis of the subject water right required under any water court
proceeding.
~ Amend section 37-92-103(2)(b) to designate participation in a contract or agreement with the
CWCB allowing the CWCB to use all or part of a water right for instream flow use under
section 37-92-102(3) as a circumstance under which no intent to abandon the loaned water
right shall be found.
Staff has discussed this proposed legislation with water users and other interested parties,
including conser~~ation groups. Staff will pro~~ide letters of support for this proposal at the Board
meeting. Representati~~e Randy Fischer and Senator Gail Schwartz have expressed interest in
sponsoring this bill, and the Water Resources Review Committee informally expressed support
for the bill.
Recommendation
Staff requests input and direction from the Board on this proposed legislation, and recommends
mo`~ing forward with the bill.
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