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)
imposed by the State Engineer to prevent injury. The purpose of this
temporarily
delegation is to expe dite use of loaned water for instream
flows by the Board.

( 3 4 ) At the first regular or special Board meeting after the Director
accepts or rejects an offer of a loan of water to the Board for temporary
instream flow use under (1) or ( 2 ) above , the Board shall vote either to

( 4 5 ) The Board, Director and staff will expedite all actions necessary to
implement Rule 6 k g .

6h. 6l. Funds for Water Right Acquisitions . The Board may use any funds
available to it , other than the Construction Fund created in §37 - 60 - 121,
C.R.S., for costs of the acquisition of water rights and their conversion to
s
ISF u e water rights . The Board shall spend available funds for such costs
in accordance with section 37 - 60 - 123.7, C.R.S. a nd any other applicable
statutory authority, and with applicable Board policies and procedures.

6i. 6m. Public Input on Proposed Acquisitions . The Board shall follow the public
review process in Rules 11a. - 11c. when acquiring water, water rights or
for temporary loans or leases
interests in water, except as provided in
Rule 6 k g . above and except as provided below.

(1) Prior to Board consideration of any proposed acquisition, Staff shall
mail notice of the proposed acquisition to all persons on the ISF
Subscription Mailing List
Plan Notification List for the relevant water division, and shall
provide Proper Notice. Such notice shall include:
(a) the case number adjudicating the water right proposed to be
acquired, and the appr opriation date, adjudication date, priority,

decreed use(s), and flow amount of the water right proposed to be
acquired , and how much of the water right the Board will consider
acquiring ;
(b) the location of the stream reach or lake that is the subject of the
proposal, including, when available, the specific length of stream
reach to benefit from the proposed acquisition;
(c) any available information on the purpose of the acquisition,
including the degree of preservation or improvement of the
natural environment to be achieved; and
(d) any available scientific data specifically supporting the position
that the acquisition will achieve the goal of preserving or
improving the natural environment to a reasonable degree . ; and
(e) in addition to (a) (d) above, for l eases and l oans of water , water
rights or interests in water under section 37 - 92 - 102(3), such
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