19 ‎(4)‎

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

Draft Financial Policy 19 September 8, 2008 Draft
(Changes to July 2008 Draft shown in revision mode)
POLICY NUMBER: 19
SUBJECT: EXPENDITURES OF FUNDS FOR WATER
ACQUISITIONS FOR INSTREAM FLOW USE PURSUANT
TO SECTION 37-60-123.7, C.R.S.
EFFECTIVE DATE: , 2009
POLICY: The Colorado Water Conservation Board ("CWCB") may expend
funds provided under section 37-60-123.7, C.R.S. to pay for the
costs of acquiring water, water rights and interests in water for
instream flow ("ISF") use. The primary priority for expenditures of
these funds shall be the costs of water right acquisitions for
existing or new ISF water rights to preserve the natural
environment to a reasonable degree. These funds also may be used
in limited circumstances for the costs of water acquisitions to (1)
preserve the natural environment of species that have been listed as
threatened or endangered under state or federal law, or are
candidate species or likely to become candidate species; (2)
support wild and scenic alternative management plans; or (3)
provide federal regulatory certainty. The CWCB shall approve any
expenditure of funds pursuant to section 37-60-123.7, C.R.S.
The CWCB will consider recommendations from the CWCB staff
for expenditures of funds to pay for the following types of costs
related to acquiring water, water rights and interests in water for
ISF use:
1. lease or purchase price of water, water rights or
interests in water for ISF use;
2. costs of preliminary evaluations of the feasibility of
a temporary or permanent transfer of a water right
for ISF use;
3. costs of historical consumptive use analyses of
water rights;
4. costs of water rights appraisals;
5. costs of water rights title searches;
6. costs related to negotiating and finalizing the
agreement(s) necessary for the transaction;
7. costs related to obtaining a decreed right to use the
water for ISF purposes; and
8. any other costs related to an acquisition of water for
ISF use that the Board may deem appropriate.
PURPOSE: To establish priorities and procedures for expenditures of funds
under section 37-60-123.7, C.R.S. for the costs of acquiring water,
water rights and interests in water for instream flow use.