19 ‎(4)‎

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

Meetings on Proposed ISF Rules Revisions and Policy 19
Staff has scheduled a public meeting on the ISF Rules revisions and Policy 19 for September 23,
2008 at 6:30 p.m. at the Steamboat Springs Community Center, 1605 Lincoln Street, Steamboat
Springs, Colorado.
Follow-up on Questions Raised at July Board Meeting
1. Rule 8e. - De Minimis Rule
At the July CWCB meeting, Board members asked the following questions:
A. What was the CWCB's intent when it originally adopted the De Minimis Rule?
B. How has the Division of Water Resources administered calls for ISF water rights in
relation to water rights decrees that CWCB did not oppose under the De Minimis
Rule?
A. Intent of De Minimis Rule
Staff is in the process of researching archived files on ISF subcommittee meetings and the first
ISF rulemaking in the early 1990s. Staff will give a presentation on the results of that research to
date at the CWCB meeting.
B. Administration of ISF Calls in Relation to "De Minimis Water Rights"
To answer this question, staff compiled a list of ISF calls placed in the last five years on streams
that are included in the de minimis database (the database lists water rights that have been
decreed on those streams that were not opposed by the CWCB under the De Minimis Rule). For
each call, staff contacted the DWR Division office and inquired as to how the calls were
administered in relation to cases listed in the de minimis database, or if the DWR could not recall
exactly how those calls were administered, how the DWR would administer such a call today.
Staff contacted Water Divisions 4, 5, and 7 about a total of 15 ISF calls.
1. Water Division 4
Over the past five years, the CWCB has placed calls for its ISF water rights on the East River
(2004), Slate River (2004 and 2007), and Dallas Creek (2006). The DWR Division 4 staff
responded that it has administered past ISF calls either by curtailment or by releasing
replacement water according to approved augmentation plans. Division 4 further stated that if an
ISF call was placed today, DWR staff would administer it in priority, and that the only
circumstance in which DWR would allow subordination of a CWCB ISF to a junior decree is if a
junior decree contains language that specifically authorizes or requires such a subordination.
None of the decrees listed in the de minimis database for the above-listed streams contain
language to that effect.
2. Water Division 5
Over the past five years, the CWCB has placed calls for its ISF water rights on the Eagle River
(2004 and 2005), Crystal River (2004 and 2005), Roaring Fork River (2005 and 2007), Colorado
River (2006 and 2007) and the Williams Fork River (2007). As of the date of this memo, staff
had not received a response from Water Division 5. If possible, staff will report to the Board on
Division 5's response at the CWCB meeting.
3. Water Division 7
In 2006, the CWCB placed a call for its ISF water right on the Dolores River below McPhee
Reservoir. The DWR did not curtail the one water right listed in the CWCB's de minimis
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