8B

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Funding for Instream Flow Acquisitions
• Board Meetings - Doc Type: Memo

13

Limitation on Acquisitions The
that would require the removal
current owner of such infrastructure,
by condemnation

may not accept a donation of water rights
sting infrastructure without approval of the
a donation of water rights that were acquired

6f.

The Board shal
nterest

also determine how
in water to preserve or

to best utilize the acquired water,
mprove the natural environment.

water rights or

.

and/or the cost to complete the transaction or any other associated costs

downstream

.

.

of
waters of the state,
whether the water

acquired

WI

be

available

for

subsequent

use

.
.

ssue,
the effect

proposed acquisition
the location of other water rights on the subject stream,
the effect of the proposed acquisition on any relevant interstate compact

the proposed acquisition on

the

maximum utilization of the

.

.
.
.

proposed for acquisition,
the natural environment

the reach of stream or lake level for which the use of the acquired water is
proposed, which may be based upon anyone or a combination of the
following: the historical point of return flow; the length of the existing
instream flow reach, where applicable; the environment to be preserved
or improved by the proposed acquisition; or such other factors the Board
may identify.
the natural flow regime,
any potential material injury to existing decreed water rights,
the historical use and historical return flow patterns of the water right

that

may be preserved or

mproved by

the

.

A ropriateness of an AcqUisition. The Board shall evaluate the appropriateness of
any acquisition of water, water rights, or interests in water to preserve or improve the
natural environment. Such evaluation may include, but need not be limited to
consideration of the following factors

Enforcement reement.
any contract or agreement executed between the
provides water, water rights, or interests in water to
by either party thereto as a water n the
the water right according to the

6e.

matter
terms of the contract

water court having jurisdiction over
or agreement.

Pursuant to section 37-92-102(3), c.R.S.,
Board and any person which
the Board shall be enforceable

6d

If the Board elects to combine or stack the acquired water right, the details of how
the water rights are to be combined or stacked with other existing ISF appropriations
or acquisitions must be set forth in the change application for the acquired right.

<6b