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
proposed acquisition; or such other factors the Board may
identify.
• the natural flow regime,
• any potential material injury to existing decreed water rights,
• the historical use and historical return flow patterns of the
water right proposed for acquisition,
• the natural environment that maybe preserved or improved by
the proposed acquisition,
• the location of other water rights on the subject stream,
• the effect of the proposed acquisition on any relevant interstate
compact issue,
• the effect of the proposed acquisition on the maximum
utilization of the waters of the state,
• whether the water acquired will be available for subsequent use
downstream,
• and/or the cost to complete the transaction or any other
associated costs.
The Board shall also determine how to best utilize the acquired water,
water rights or interest in water to preserve or improve the natural
environment.
In addition to considering the factors listed above, for loans and leases of
water, water rights and interests in water for ISF purposes under section
37-92-102 3
1) The Board shall consider the extent to which the leased or loaned
water will preserve or improve the natural environment to a reasonable
d~ree•
2) The Board shall obtain confirmation from the Division En ineer that
the proposed lease or loan is administrable and is capable of meeting
all applicable statutor~quirements.
3) The Board shall calculate the amount of compensation paid to the
lessor of the water upon the use of the water after the term of the lease.
All contracts or agreements for leases or loans of water, water ri h,~ is or
interests in water under section 37-92-102(3) shall
~,
1) Require the B o and to
a. maintain records of how much water the Board uses under the
contract or agreement each year it is in effect; and
b. install any measurin device(s) deemed necessary the Division
Engineer to administer the lease or loan of water and to measure
and record how much water flows out of the reach after use b
Board under the lease or loan.
2) Provide that, pursuant to the water court decree implementing the
contract or agreement, either the lessor /lender of the water or the
Board ma~g about beneficial use of the leased /loaned water right
downstream of the ISF reach as fully consumable reusable water.
Attachment 3