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Last modified
8/16/2009 2:38:18 PM
Creation date
4/1/2008 11:55:26 AM
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Board Meetings
Board Meeting Date
3/18/2008
Description
ISF Section - Criteria and Guidelines to Implement 2008 ISF Legislation
Board Meetings - Doc Type
Memo
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~ the reach of stream or lake level for which the use of the acquired water is <br />proposed, which may be based upon any one or a combination of the <br />following: the historical point of return flov~ ; the length of the existing <br />instream flow reach, where applicable; the environment to be preserved or <br />improved by the proposed acquisition; or such other factors the Board may <br />identify. <br />~ the natural flow regime, <br />~ any potential material injury to existing decreed water rights, <br />~ the historical use and historical return flow patterns of the water right <br />proposed for acquisition, <br />~ the natural environment that may be preserved or improved by the proposed <br />acquisition, <br />~ the location of other water rights on the subject stream, <br />~ the effect of the proposed acquisition on any relevant interstate compact issue, <br />~ the effect of the proposed acquisition on the maximum utilization of the <br />waters of the state, <br />~ whether the water acquired will be available for subsequent use downstream, <br />~ and/or the cost to complete the transaction or any other associated costs. <br />The Board shall also determine how to best utilize the acquired water, water rights or <br />interest in water to preserve or improve the natural environment. <br />In addition to considering the factors listed above_ for loans and leases of water_ water <br />rights and interests in water for ISF purposes under section 37-92-102(3), <br />1) The Board shall consider the extent to which the leased or loaned water will preserve <br />or improve the natural environment to a reasonable de ee. <br />2) The Board shall obtain confirmation from the Division Engineer that the proposed <br />lease or loan is administrable and is capable of meetin~p~licable statutory <br />requirements. <br />3) The Board shall calculate the amount of compensation paid to the lessor of the water <br />based upon the use of the water after the term of the lease. <br />All contracts or agreements for leases or loans of water, water rights or interests in water <br />under section 37-92-102(3 shall <br />1) Require the Board to <br />a. maintain records of how much water the Board uses under the contract or <br />agreement each year it is in effect; and <br />b. install any measuring device(s) deemed necessary the Division Engineer to <br />administer the lease or loan of water and to measure and record how much water <br />flows out of the reach after use by the Board under the lease or loan. <br />2) Provide that, pursuant to the water court decree implementing the contract or <br />agreement, either the lessor /lender of the water or the Board may brim <br />beneficial use of the leased /loaned water right downstream of the ISF reach as fully <br />consumable reusable water. <br />
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