06 ‎(4)‎

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

ISF Rule 6 Water Acquisitions Novemb er 1 0 , 2008 Draft
(Changes to September 2008 Draft shown in bold)
6. ACQUISITION OF WATER, WATER RIGHTS OR INTEREST S IN
WATER FOR INSTREAM FLOW PURPOSES
. The Board may acquire water,
water rights, or interests in water for ISF purposes by the following procedures:

6a. Means of Acquisition . The Board may acquire, b y grant, purchase,
donation, bequest, devise, lease, exchange, or other contractual agreement,
from or with any person, including any governmental entity, such water,
water rights, or interests in water
abandonment l ist in such amount s as the Board determines is are
appropriate for stream flows or for natural surface water levels or volumes
for natural lakes to preserve or improve the natural environment to a
reasonable degree.

6b. 120 - Day Rule . At the request of any pe rson, including any governmental
entity, the Board shall determine in a timely manner, not to exceed one
hundred twenty days, unless further time is granted by the requesting
person, what terms and conditions the Board will accept in a contract or
agreemen t for the acquisition. The 120 - day period begins on the day the
Board first considers the proposed contract or agreement at a regularly
scheduled or special Board meeting.

6c. Stacking Evaluation . The Board shall evaluate whether to combine or
stack the acqu ired water right with any other ISF appropriation or

acquisition , based upon the degree to which the acquired water will in
order to provide flows or lake levels to preserve or improve the natural
environment to a reasonable degree.

If the Board elects to combine or stack the acquired water right, the details
of how the water rights are to be combined or stacked with other existing
ISF appropriations or acquisitions must be set forth in the change
application for the acquired right.

6d. Enforcement of Acquisi tion Agreement . Pursuant to section 37 - 92 -
102(3), C.R.S., any contract or agreement executed between the Board and
any person that which provides water, water rights, or interests in water to
the Board shall be enforceable by either party thereto as a wate r matter in
the water court having jurisdiction over the water right according to the
terms of the contract or agreement.

6e. Appropriateness of an Acquisition . The Board shall evaluate the
appropriateness of any acquisition of water, water rights, or intere sts in
water to preserve or improve the natural environment. Such evaluation
may include, but need not be limited to consideration of the following
factors: