31

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

legislation. The policy also lists the type of information staff must bring to the Board when
requesting the Board to spend money on all or part of an acquisition of water for ISF use, or on
costs related to such an acquisition. Please note that ISF Rule 6 (Acquisition of Water, Water
Rights or Interests in Water for Instream Flow Purposes) will continue to apply to all proposed
water acquisitions. In reviewing and determining the appropriateness of a proposed water
acquisition, the Board will consider the factors listed in ISF Rule 6 and follow the Rule's
procedures. Policy 19 simply provides notice to the public of the types of costs the funds may be
applied to, and the information staff will bring to the Board when requesting an expenditure of
funds under section 37-60-123.7.
HB 1280: Protection of Leased or Loaned Water Rights
Staff recommends amending ISF Rule 6 to implement HB 1280. Below is ISF Rule 6 in its
entirety, with added language underlined. Please note that this is a first draft for discussion
purposes only.
ISF Rule 6: ACQUISITION OF WATER, WATER RIGHTS OR INTEREST IN WATER
FOR INSTREAM FLOW PURPOSES. The Board may acquire water, water rights, or
interests in water for ISF purposes by the following procedures:
6a. Means of Acquisition. The Board may acquire, by grant, purchase, donation, bequest,
devise, lease, exchange, or other contractual agreement, from or with any person,
including any governmental entity, such water, water rights, or interests in water in such
amount as the Board determines is appropriate for stream flows or for natural surface
water levels or volumes for natural lakes to preser~~e or improve the natural environment
to a reasonable degree.
6b. 120 Dam. At the request of any person, including any governmental entity, the
Board shall determine in a timely manner, not to exceed one hundred twenty days, unless
further time is granted by the requesting person, what terms and conditions the Board will
accept in a contract or agreement for the acquisition. The 120-day period begins on the
day the Board first considers the proposed contract or agreement at a regularly scheduled
or special Board meeting.
6c. Stacking Evaluation. The Board shall evaluate whether to combine or stack the acquired
water right with any other ISF appropriation or acquisition in order to provide flows or
lake levels to preser~~e or improve the natural environment to a reasonable degree.
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.
6d. Enforcement of Acquisition Agreement. Pursuant to section 37-92-102(3), C.R.S., any
contract or agreement executed between the Board and any person which provides water,
water rights, or interests in water to the Board shall be enforceable by either party thereto
as a water matter in the water court having jurisdiction over the water right according to
the terms of the contract or agreement.
6e. Appropriateness of an Acquisition. The Board shall evaluate the appropriateness of any
acquisition of water, water rights, or interests in water to preser~~e or improve the natural
environment. Such evaluation may include, but need not be limited to consideration of
the following factors: