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 November 1 0 , 2008 Draft
(Changes to September 2008 Draft shown in bold)
1) the reach of stream or lake level for which the use of the acquired
water is proposed, which may be based upon any one or a combination
point location
of the following: the historical of return flow; the
whether
length of the existing instream flow reach, where applicable ;
an existing instream flow water right relies on return flows from
the water rig ht proposed for acquisition
; the environment to be
preserved or improved by the proposed acquisition; or such other
factors the Board may identify . ;
2) the natural flow regime , ;
3) any potential material injury to existing decreed water rights , ;
s
4) the historical consumptive use and historical return flow patterns of
the water right proposed for acquisition that may be available for
instream flow use , ;
5) the natural environment that may be preserved or improved by the
proposed acquisition , ;
6) the location of other w ater rights on the subject stream (s) , ;
7) the effect of the proposed acquisition on any relevant interstate
compact issue , including whether the acquisition would assist in
meeting or result in the overdelivery of compact obligations , ;
8) the effect of the pro posed acquisition on the maximum utilization of
the waters of the state , ;
or
9) whether the water acquired will be available for subsequent use
reuse
downstream , ;
10) and/or the cost to complete the transaction or any other associated
and
costs ;
the administrabil ity of the acquired water right when used for
11)
instream flow purposes.

also
The Board shall determine how to best utilize the acquired water,
water rights or interest in water to preserve or improve the natural
environment.

6f. In addition to considering th e factors listed above , for loans and leases of
water, water rights and interests in water for ISF purposes under section
37 - 92 - 102(3),
1) The Board shall consider the extent to which the leased or loaned
water will preserve or improve the natural environm ent to a reasonable
degree , including

a. whether the amount of water available for acquisition is needed to
a
provide flows to meet the decreed ISF amount in below average
years; and

b. whether the amount of water available for acquisition could be

used to and w ould improve the natural environment to a reasonable
degree , either alone or in combination with existing decreed ISF
water rights .
2