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

The Board shall file a change of water ri.~pplication or other application with the
water court to obtain a decreed right to use water for ISF purposes under a contract or
agreement for a lease or loan of water, water rights or interests in water under section 37-
92-102(3). The resulting water court decree shall
1) quantify the historical consumptive use of the leased or loaned water right; and
2) determine the method by which the historical consumptive use should be quantified
and credited during the term of the agreement for the lease or loan of the water right.
Said method shall recognize the actual amount of consumptive use available under
the leased or loaned water right and shall not result in a reduction of the historical
consumptive use of that water right during the term of the lease or loan, except to the
extent such reduction is based upon the actual amount of water available under
said ri.
6f. Limitation on Acquisitions. The Board may not accept a donation of water rights that
would require the removal of existing infrastructure without approval of the current
owner of such infrastructure, or a donation of water rights that were acquired by
condemnation.
6g. Temporary Loans of Water to the Board. The Board may accept loans of water for
instream flow use for a period not to exceed 120 days in any one year, in accordance with
the procedures and subject to the limitations set forth in section 37-83-105, C.R.S.
(1) Within 5 working days after receiving an offer of a loan of water to the Board for
temporary instream flow use, the Director will provide a response to the proponent and,
unless the proposed loan has no potential value for instream flow use, staff will
coordinate with the proponent on preparing and submitting the necessary documentation
to the State and Division Engineers required by sections 37-83-105(2)(a)(I) and (2)(b)(I),
C.R.S., and providing the public notice required by section 37-83-105(2)(b)(II), C.R.S.
(2) Provided that the State Engineer has made a determination of no injury pursuant
to section 37-83-105(2)(a)(III), C.R.S., the Board hereby delegates authority to the
CWCB Director to accept loans of water for instream flow use in accordance with the
procedures and subject to the limitations set forth in section 37-83-105 and to take any
administrative action necessary to put the loaned water to instream flow use. In
subsequent years, and provided that the State Engineer's determination of non-injury is
still in effect, the Director shall notify the proponent and the State Engineer whether the
loan is to be exercised. Such notification shall be provided within 5 working days of the
Director being notified by the proponent that the water is available for use under the loan.
The CWCB's use of loaned water for instream flows shall not exceed the CWCB's
decreed instream flow amount or CWCB's decreed instream flow reach at any time
during the loan term, and shall comply with any terms and conditions imposed by the
State Engineer to prevent injury. The purpose of this delegation is to expedite use of
loaned water for instream flows by the Board.
(3) At the first regular or special Board meeting after the Director accepts or rejects
an offer of a loan of water to the Board for temporary instream flow use under (1) or (2)
above, the Board shall vote either to ratify or overturn the Director's decision.
(4) The Board, Director and staff will expedite all actions necessary to implement
Rule 6g.