19 ‎(4)‎

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

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 subj ect 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 use. '
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4. Financial Policy 19 -Expenditures of Funds for Water Acquisitions for Instream
Flow Use Pursuant to Section 37-60-123.7, C.R.S.
At the July CWCB meeting, Board members expressed concern that the list of factors (on page 3
of the policy) for calculating the compensation to paid for a lease does not indicate that the
amount of compensation maybe adjusted up or down based upon a given factor. Staff has added
phrase "and may increase or decrease that amount" to the introduction to the list of factors:
The Board shall calculate the amount of compensation to be paid for the lease and ma
increase or decrease that amount, based upon:
Staff has not included anything in the policy on the potential effect of each factor on the amount
of compensation in the interest of the Board having full discretion over its calculation of
compensation. Staff also revised factor (4) to address a concern raised in July about whether
public access to an ISF reach has a positive or negative effect.
(4) The positive or negative effects of public access i, f and to the ISF reach through which the
Board will use the leased water.
Staff Recommendation
Staff recommends that the Board: (1) provide input on the issues discussed in this memo and at
the Board meeting; and (2) approve a revised schedule for the rulemaking proceeding under
which staff will request authorization to initiate the formal rulemaking process in November,
with the rulemaking hearing to be held at the January 2009 CWCB meeting.
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