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
The Board shall file a change of water ri h.~ t application or other
application with the water court to obtain a decreed right to use water for
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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
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resulting water court decree shall
1) shall quantify the historical consumptive use of the leased or loaned
water ri ht.~ ;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 ri ht 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 rights.
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
Attachment 3