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)
Wildlife, and will review any other biological or scientific evidence
presented to the Board.
3) If an equivalent amount of water is available for acquisition on the
subject stream reach(es) by purchase or donation, the Board shall fully
consider each proposed acquisition and give preference to the donation
or a reasonable acquisition by purchase.
4) 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 statutory requirements.
5) The Board shall calculate the amount of compensation paid to the
lessor of the water based, in part, upon the use of the water during and
after the term of the lease.
6) The Board shall consider the historical record(s) of diversion, the
beneficial use of the subject water right, the location of where return
flows have historically returned to the stream, the locations of other
water users on the subject reach of stream, and the reason(s) the water
is available for lease or loan.
6g. All contracts or agreements for leases or loans of water, water ri hg is or
interests in water under section 37-92-102(3) shall require the Board to
(1) maintain records of how much water the Board uses under the
contract or agreement each year it is in effect, and
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(2) install any measurin device(s) deemed necessary the Division
Engineer to administer the lease or loan of water and to measure
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and record how much water flows out of the reach after use by the
Board under the lease or loan.
6h. All contracts or agreements for the acquisition of water, water ri h,~ is or
interests in water under section 37-92-102(3) shall provide that, pursuant
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to the water court decree implementing the contract or agreement, the
Board or the seller, lessor, lender or donor of the water may bring about
beneficial use of the historical consumptive use of the acquired water right
downstream of the ISF reach as fully consumable reusable water.
(1) The bringing about of beneficial use of the historical consumptive
use of the water may be achieved by direct use, sale, lease, loan or
other contractual arran ement by any of the above-referenced
entities.
2l The contract or agreement also shall brovide that the Division
Engineer must be notified of any agreement for such beneficial use
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downstream of the ISF reach prior to the use.
(3) Prior to any beneficial use by the Board of the historical
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consumptive use of the acquired water right downstream of the ISF
reach, the Board shall find that such use:
a. will be consistent with the Board's statutory
authority and with duly adopted Board policies and
objectives; and