31

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

POLICY NUMBER: 19
SUBJECT: EXPENDITURES OF FUNDS FOR WATER
ACQUISITIONS FOR INSTREAM FLOW USE PURSUANT
TO SECTION 37-60-123.7, C.R.S.
EFFECTIVE DATE: , 2008
POLICY: The Colorado Water Conservation Board (CWCB) may expend
funds provided under section 37-60-123.7, C.R.S. to pay for the
costs of acquiring water, water rights and interests in water for
instream flow (``ISF") use. The primary priority for expenditures of
these funds shall be the costs of water right acquisitions for
existing or new ISF water rights to preserve the natural
environment to a reasonable degree. These funds also may be used
in limited circumstances for the costs of water acquisitions for ISFs
to protect threatened and endangered species, support wild and
scenic alternative management plans or assure federal regulatory
certainty. The CWCB shall approve any expenditure of funds
pursuant to section 37-60-123.7, C.R.S.
The CWCB will consider recommendations from the CWCB staff
for expenditures of funds to pay for the following types of costs
related to acquiring water, water rights and interests in water for
ISF use:
1. lease or purchase price of water, water rights or
interests in water for ISF use;
2. costs of preliminary evaluations of the feasibility of
a temporary or permanent transfer of a water right
for ISF use;
3. costs of historical consumptive use analyses of
water rights;
4. costs of water rights appraisals;
5. costs of water rights title searches; and
6. costs related to negotiating and finalizing the
agreement(s) necessary for the transaction.
PURPOSE: To establish a prioritization process for expenditures of funds
under section 37-60-123.7, C.R.S. to pay the costs of acquiring
water, water rights and interests in water for instream flow use.
APPLICABILITY: This policy and procedure apply to recommendations from the
CWCB staff to the Board for expenditures of funds to pay the costs
of acquiring water, water rights and interests in water for instream
flow use under section 37-60-123.7, C.R.S.