06 ‎(4)‎

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

Board members and interested parties. Those changes are set forth below with new language
shown in bold.

Rule 6e. Appropriateness of an Acquisition . The Board shall evaluate the appropriateness of
any acquisition of water, water rights, or interests in water to preserve or improve the natural
environment. Such evaluation may include, but need not be limited to consideration of the
following factors:
1) the reach of stream or lake level for which the use of the acquired wat er is
proposed, which may be based upon any one or a combination of the following: the
location
historical of return flow; the length of the existing instream flow reach,
whether an existing instream flow water right relies on return
where applicable;
flow s from the water right proposed for acquisition
; the environment to be
preserved or improved by the proposed acquisition; or such other factors the Board
may identify;
or reuse
9) whether the water acquired will be available for subsequent use
do wnstream;
the administrability of the acquired water right when used for instream flow
11)
purposes.

6f . In addition to considering the factors listed above, for loans and leases of water, water rights
and interests in water for ISF purposes under se ction 37 - 92 - 102(3),
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3) If of water available for acquisition on
the subject stream reach(es) by purchase or donation, the Board shall fully consider
first and then to
each proposed acquisition and give preference to the donat ion a

reasonable acquisition by purchase.

6i. . . . In the change of water right proceeding, the Board shall request the Water Court to:

verify the quantification of
1) the historical consumptive use of the acquired water
right;
verify the identification, quantification and location of return flows available for
2)
ISF use to the extent that no injury will result to vested water rights and decreed

conditional water rights;

s
3) include term and conditions providing that

b. when the Board cannot id entify such downstream beneficial use at the time of the
the Board may amend the subject change decree, if
change of water right,
required by the Division Engineer, to add such beneficial use(s) of the
historical consumptive use downstream of the ISF reach at the time the
Board is able to bring about such use or reuse, without requiring
requantification of the original historic consumptive use calculation.

4) determine the method by which the historical consumptive use should be quantified

and credited d uring the term of the agreement for the lease or loan of the water right
pursuant to section 37 - 92 - 102(3), C.R.S
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