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Colorado Water Conservation Board ~-, <br />R <br />Department of Natural Resources ' ~~~~~~~ ,;y <br />~ ` ~~~ r <br />1313 Sherman Street Room 721 ~ ~~ ~ ~~ ~~~' ~~`~ '~~'~ <br />Denver, Colorado 80203 • , ~' ~~ '~' ~ ; ~ ~ ,;~ <br />Phone: (303) 866-3441 ~ ~ ~` ~~ ~ ~~~~''`.~~~ <br />Fax: (303) 866-4474 `~ ~ _~ ~ ~ ~,,~` <br />www.cwcb.state.co.us -~-,~-" <br />Bill Ritter, Jr. <br />Governor <br />T0: Colorado Water Conservation Board Members <br />Harris D. Sherman <br />DNR Executive Director <br />FROM: Linda J. Bassi, Chief <br />Stream and Lake Protection Section Jennifer z. Gimbel <br />CWCB Director <br />Dan McAuliffe <br />DATE: September 8, 2008 cwcB ~epUty Director <br />SUBJECT: Agenda Item 19, September 16-17, 2008 Board Meeting <br />Stream and Lake Protection--Instream Flow Rules Revision Update <br />Tntrnducti~n <br />In this agenda item, Staff will update the Board on the process and timeline for revising the <br />Instream Flow ("ISF") Rules, and discuss issues and questions raised on the Rules revisions with <br />the Board. Attached to this memo are copies of the proposed Rules and Financial Policy 19 <br />showing changes made since the July Board meeting, and copies of written comments received <br />since the July Board meeting. <br />Staff Recommendation <br />Staff recommends that the Board: (1) provide input on the issues discussed in this memo and at <br />the Board meeting; and (2) approve a revised schedule for the rulemaking proceeding under <br />which staff will request authorization to initiate the formal rulemaking process in November, <br />with the rulemaking hearing to be held at the January 2009 CWCB meeting. <br />Rulemaking Schedule <br />To allow more time for public input on the Rules revisions and to accommodate an anticipated <br />full November CWCB meeting agenda, staff proposes revising the rulemaking schedule as <br />follows: <br />November 2008: Request Board authorization to initiate formal rulemaking process; file Notice <br />of Rulemaking and proposed Rules Secretary of State and Dept. of Regulatory Agencies. <br />December 2008: Notice of Rulemaking published in Colorado Register. <br />January 2009: Board holds rulemaking hearing in conjunction with January Board meeting. <br />March 2009: Rules effective <br />Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance <br />Water Conservation & Drought Planning • Intrastate Water Management & Development <br />