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)
4) determine the method by which the historical consumptiv e use should

be quantified and credited during the term of the agreement for the
pursuant to section 37 - 92 - 102(3),
lease or loan of the water right
C.R.S
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6f. 6j. Limitat ion on Acquisitions . The Board may not accept a donation of
water rights that were acquired by condemnation, or a donation of water
rights that would require the removal of existing infrastructure without
approval of the current owner of such infrastructu re , or a donation of
water rights that were acquired by condemnation .

6g. 6k. Temporary Loans of Water to the Board . The Board may accept
temporary
loans of water for instream flow use for a period not to exceed
120 days in any one year, in accordance with the p rocedures and subject to
the limitations set forth in section 37 - 83 - 105, C.R.S.

temporary
(1) Within 5 working days after receiving an offer of a
loan of water to the Board for temporary instream flow use, the Director
will provide a response to the pro ponent and, unless the proposed loan has
no potential value for instream flow use , staff will coordinate with the
proponent on preparing and submitting the necessary documentation to the
State and Division Engineers required by sections 37 - 83 - 105(2)(a)(I) and
(2)(b)(I), C.R.S., and providing the public notice required by section 37 -
83 - 105(2)(b)(II), C.R.S.

2) (2) Provided that the State Engineer has made a determination
of no injury pursuant to section 37 - 83 - 105(2)(a)(III), C.R.S., the Board
temporary
hereby delegates authority to the CWCB Director to accept
loans of water for instream flow use in accordance with the procedures
and subject to the limitations set forth in section 37 - 83 - 105 and to take any
administrative action necessary to put the loaned water to instream flow
use. In subsequent years, and p

3) P - injury is
still in effect, the Director shall notify the proponent and the State
temporary
Engineer whether the loan is to be exercised in subsequent
years . Such notification shall be provided within 5 working days of the
Director being notified by the proponent that the water is available for use
temporary
under the loan.
decreed instream flow amount or
extend beyond the
during the loan term, and shall comply with any terms and conditions
5