ISFRulesWkshpMemo

• Board Meeting Date: 5/20/2008
• Description: ISF Section - Proposed Revisions to ISF Rules Workshop
• Board Meetings - Doc Type: Other

ISF Rule 6 -Water Acquisitions May 20, 2008 Rules Revision Workshop
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 preserve 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 preserve 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 A reement. 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 preserve or improve the natural environment. Such evaluation
may include, but need not be limited to consideration of the following
factors
• the reach of stream or lake level for which the use of the
acquired water is proposed, which maybe based upon any one
or a combination of the following: the historical point of return
flow; the length of the existing instream flow reach, where
applicable; the environment to be preserved or improved by the
Attachment 3