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)
b. will not injure vested water rights or decreed
conditional water ri ghts.
6i. The Board shall file a change of water right application or other
application with the water court, which maw j Dint application with the
person or entity from whom the Board has acquired the water or a person
or entity who has facilitated the acquisition, to obtain a decreed ri hg t to
use water for ISF purposes under all contracts or agreements for
acquisitions of water, water rights or interests in water under section 37-
92-102(3), including leases and loans of water. In the change of water
right proceeding, the Board shall request the Water Court to:
1) quantify the historical consumptive use and return flows of the
acquired water ri ght;
2) include a term and condition providing that the Board or the seller,
lessor, lender, or donor of the water may brim about the beneficial use
of the historical consumptive use of the changed water right
downstream of the ISF reach as fully consumable reusable water,
subject to such terms and conditions as the water court deems
necessary to prevent injury to vested water rights and decreed
conditional water rights. When the Board cannot identify such
downstream beneficial use, it will request the inclusion of a term
and condition providing that the Board intends to return to Water
Court to amend the subject change decree to add the beneficial
use(s) of the historical consumptive use downstream of the ISF
reach at the time the Board is able to brim about such used
and
3) 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.
~6j. Limitation on Acquisitions. The Board may not accept a donation of
water rights that were acquired by condemnation, or a donation of water
ri hts that would require the removal of existing infrastructure without
approval of the current owner of such infrastructures ~ ~nv~n~~~
6k. 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