06 ‎(4)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Instream Flow Rules Revision
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

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1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: (303) 866 - 3441
Fax: (303) 866 - 4474
www.cwcb.state.co.us

Bill Ritter, Jr.

Governor
TO: Colorado Water Conservation Board Members

Harris D. Sherman

DNR Executive Director
FROM: Linda J. Bassi , Chief

Jennifer L. Gimbel
Stream and Lake Protection Section
CWCB Director

Dan McAuliffe
DATE: November 10 , 2008
CWCB Deputy Director

Agenda Item 6 , November 1 8 - 1 9 , 2008 Board Meeting
SUBJECT :
Stream and Lake Protection -- Instream Flow Rules Revision s

Introduction
In this agenda item, Staff will : (1) inform the Board o f changes made to the proposed revised
In stream Flow Rules since the September Board meeting; (2) discuss the procedure outlined in
the attached Notice of Rulemaking; (3) request authorization from the Board to initiate the
formal rulemaking process by filing the Notice of Rulemaking and proposed revised Rules with
the Secretary of State for publication in the Colorado Register; and (4) request the Board to
appoint a Hearing Officer for the rulemaking proceeding. Attached to th is memo are the
proposed Rules and Financial Policy 19 showi ng changes made since the September Board
meeting, the proposed Notice of Rulemaking , and a September 15, 2008 memo from the Front
Range Council commenting on the proposed revised Rules.
Staff Recommendation

Staff recommends that the Board: (1) authorize Staff to initiate the formal ru l emaking process by
filing the attached Notice of Rulemaking an d proposed revised Rules with the Secretary of State
for publication in the Colorado Register; and (2) appoint a Hearing Officer for the rulemaking
proceeding.
Meetings on Proposed ISF Rules Revisions and Policy 19

Staff gave a presentation on the propo sed ISF Rules revisions and Policy 19 at a public meeting
on September 23, 2008 in Steamboat Springs, Colorado.
representatives of the Middle Park Water Conservancy District in October, and also met with a
representative of the Front Range Council in Nov ember to discuss concerns with and comments
on the Rules revisions.
Changes to Rules Since September CWCB Meeting

Staff has not made any additional revisions to Rules 8e. or 8i.(3) or to Financial Policy 19 since
the September CWCB meeting. Staff has made changes to Rule 6 t o incorporate comments from
Watershed Protection & Flood Mitigation er Supply Pla nning & Finance