19 ‎(4)‎

• Board Meeting Date: 9/17/2008
• Description: ISF Section - Instream Flow Rules Revision Update
• Board Meetings - Doc Type: Memo

ISF Rule 6 -Water Acquisitions September 8, 2008 Draft
(Changes to July 2008 Draft shown in bold)
1) the reach of stream or lake level for which the use of the acquired
water is proposed, which may be 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 proposed acquisition; or such other
factors the Board may identify.-z
2) the natural flow regime;z
3) any potential material injury to existing decreed water rights;z
4) the historical consumptive use and historical return flows of
the water right proposed for acquisition that may be available for
instream ow use;z
5) the natural environment that may be preserved or improved by the
proposed acquisition;z
6) the location of other water rights on the subject stream~,2
7) the effect of the proposed acquisition on any relevant interstate
compact issue, including whether the acquisition would assist in
meeting or result in the overdelivery of compact obli atg ions;z
8) the effect of the proposed acquisition on the maximum utilization of
the waters of the state;z
9) whether the water acquired will be available for subsequent use
downstream;z
10) ~~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.
6f. 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
3 7-92-102 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
degree, including
a. whether the amount of water available for acquisition is needed to
provide flows to meet a decreed ISF amount in below average
ears and
b. whether the amount of water available for acquisition could be
used to and would improve the natural environment to a reasonable
degree, either alone or in combination with existing decreed ISF
water rig ts.
2) In considering the extent to which the leased or loaned water will
improve the natural environment to a reasonable degree or will be used
as a basis for an increase to an existing ISF water right, the Board will
request and review a biolo ical analysis from the Colorado Division of
2