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)
2) In considering the extent to which the leased or loaned water will
improve the natural environment to a reasonable degree or will be used
as a basis for an increase to an existing ISF water right , the Board will
request and review a biological analysis from the Colorado Division of
Wildlife, and will review any other biological or scientific evidence
presented to the Board.

3) ÜÏØÌÈÔÇÜÑØÏÉÜÐÎÈÏÉ other sources are ÔÊ
If of water available for
acquisition on the subject stream reach(es) by purchase or donation,
the Board shall fully consider each proposed acquisition and give
first and then to
preference to the donation a reasonabl e acquisition

by purchase.
4) The Board shall obtain confirmation from the Division Engineer that
the proposed lease or loan is administrable and is capable of meeting
all applicable statutory requirements.
5) The Board shall calculate the amount of compensation paid to the

lessor of the water based, in part, upon the use of the water during and
after the term of the lease .
6) The Board shall consider the historical record(s) of diversion , the
beneficial use of the subject water right, the location of where return
f lows have historically returned to the stream, the locations of other
water users on the subject reach of stream, and the reason(s) the water
is available for lease or loan.

6g. All contracts or agreements for leases or loans of water, water rights or
inter ests in water under section 37 - 92 - 102(3) shall r equire the Board to
(1) maintain records of how much water the Board uses under the
contract or agreement each year it is in effect ; and
(2) install any measuring device(s) deemed necessary by the Division
Engineer to administer the lease or loan of water and to measure
and record how much water flows out of the reach after use by the
Board u nder the lease or loan .

6h. All contracts or agreements for the acquisition of water, water rights or

interests in water under sec tion 37 - 92 - 102(3) shall p rovide that, pursuant
to the water court decree implementing the contract or agreement , the

Board or the seller, lessor , lender or donor of the water may bring about
beneficial use of the historical consumptive use of the acquired water right
downstream of the ISF reach as fully consumable reusable water.
(1) The bringing about of beneficial use of the historical consumptive
use of the water may be achieved by direct use, sale, lease, loan or
other contractual arrangement by any of th e above - referenced
entities.
(2) The contract or agreement also shall provide that the Division
Engineer must be notified of any agreement for such beneficial use
downstream of the ISF reach prior to the use.
3