06 ‎(4)‎

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

Page 2 Policy # 19
Expenditures for ISF Water Acquisitions

APPLICABILITY: This policy and procedure appl ies to recommendations from the
CWCB staff to the Board for expenditures of funds to pay the costs
of acquiring water, water rights and interests in water for in stream
flow use under section 37 - 60 - 123.7, C.R.S.

PROCEDURE: The CWCB staff will proceed under ISF Rule 6 in bringing proposed
water acquisitions to the Board. When a proposed acquisition will
involve the expenditure of funds under section 37 - 60 - 123.7, C .R.S.,
staff will
financial aspects of the proposal, which will be part of the
administrative record, including but not limited to :
a. where applicable, the lease or purchase price of water, water righ ts
or interests in water for ISF use, which , for a purchase of water,
shall be supported by an appraisal or other appropriate valuation
method ;
b. a breakdown of costs related to the proposal, such as
1) costs of p reliminary evaluation s of the feasibility of a temporary
or permanent transfer of a water right for ISF use ;
2) costs of historical consumptive use analys e s of water right s;
3) costs of water rights appraisals ;
4) costs of water rights title searches ;
5) costs related to negotiating and finalizing the agreement(s)
necessary for the transactio n ; and
6) costs related to obtaining a decreed right to use the water for
ISF purposes.
c. the amount of money staff is recommending that the Board spend
on the proposal, and what costs th e money will be applied to;
d. the source of funds available to cover any remaining costs (for
example, cost sharing by the water rights owner or a conservation
group such as the Colorad o Water Trust, Trout Unlimited or The
Nature Conservancy); and
e. any in - kind services provided by the water rights owner or a
conservation group such as the Colorado Water Trust, Trout
Unlimited or The Nature Conservancy.

In addition to the information listed above, staff als o will bring all
information required by ISF Rule 6 to the Board for its consideration,
i ncluding, but not limited to, information related to the factors listed in
ISF Rules 6e. and 6f.

T he CWCB staff will prioritize and recommend expenditures for water
acquisitions in the following order:

a. Water acquisitions that supplement existing ISF water rights that
are not always fully satisfied by existing stream flows.
2