31

• Board Meeting Date: 3/18/2008
• Description: ISF Section - Criteria and Guidelines to Implement 2008 ISF Legislation
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
wuu . o~n cU. state. co.us
Bill Ritter, Jr.
Governor
TO: Colorado Water Conservation Board Members
H:uris D. Sherman
DNR Executive Director
FROM: Linda J. Bassi, Chief
Stream and Lake Protection Section Jennifer L. GimUel
CWCB Director
DATE: March 9, 2008 DanMcAnliffe
CWCB Deputy Director
SUBJECT: Agenda Item 31, March 18-19, 2008 Board Meeting
Stream and Lake Protection -Criteria and Guidelines to Implement 2008
ISF Legislation
Staff Recommendation
Staff recommends that the Board provide input to staff on the proposed approaches to
implementing this year's ISF legislation and the proposed criteria and guidelines set forth in this
memo and presented at the Board meeting.
Introduction
At the January 2008 CWCB meeting, the Board discussed and approved two legislative measures
involving the Instream Flow and Natural Lake Level Program ("ISF Program"). The first
measure pro~~ides a $1,000,000 annual appropriation from the Construction Fund to the CWCB
for the costs of acquisitions of water for ISF use and is set forth at Section 28 of the Projects Bill
(HB 08-1346). The legislati~~e language provides that "[p]rior to any expenditure of funds under
this section, the Board shall adopt criteria and guidelines regarding its implementation of this
spending authority." The second legislati~~e measure is HB 08-1280, which provides certain
protections to water rights owners who loan or lease their water to the CWCB for ISF use under
section 37-92-102(3). While the bill itself does not require the Board to adopt criteria and
guidelines, Board members expressed a desire to do so during Board discussion of the bill in
January. Further, HB 1280 requires the Board to consider several factors in evaluating loans or
leases of water that would be addressed most effectively by amending the ISF Rules. This memo
will pro~~ide a starting point for adopting criteria and guidelines for both legislative measures.
HB 1346: Funding for ISF Acquisitions
Section 28 of HB 1346 establishes section 37-60-123.7, which pro~~ides a $1,000,000 annual
appropriation from the Construction Fund to the CWCB for the costs of acquisitions of water for
ISF use. Staff has prepared a draft financial policy ("Policy 19") (attached hereto) that would
apply to Board expenditures of these funds. The policy is patterned upon the Board's other
financial policies and reinforces the priorities of expenditures of the funds as set forth in the
Water Supply Protection • Watershed Protection & Fluud blitigatiun • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate ~F'ater Management & Development