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
b. Water acquisitions that make water available for new ISF water
rights.
c. Water acquisitions that: (1) preserve the natural environment of
species that have been listed as threatened or endangered under
state or federal l aw, or are candidate species or likely to become
candidate species; (2) support w ild and s cenic alternative
management plans ; or (3) provide federal regulatory certainty .
d. Water acquisitions that provide permanent instream flow
protection.

For leases of water, water rights or interests in water under section 37 -
92 - 102(3), the Board shall request an affidavit from the lessor stating
during and after the term of
the lease. The Board shall calculate the amount of compensation to be
paid for the lease , and may increase or decrease that amount, b ased
upon :

a. ted intent as set forth in the affidavit and on the
administrative record before the Board ;
b. the fair market value of the subject water right ;
c. the existence of one or more of the following circumst ances :
(1) The lessor agrees in writing to put the water right back to its
original decreed use after the term of the lease.
(2) The lessor agrees in writing to give the CWCB a right of first
refusal on purchasing the water right at a fair market value if the
lessor sells the water right after the term of the lease.
(3) The leased water will provide water to critical habitat for a
species that has been listed as threatened or endangered under
state or federal law, or is a candidate species or likely to become
a candidate species.
(4) The positive or negative effects of public access , if an y, to the
ISF reach t hrough which the Board will use the leased water.
(5) The historical consumptive use of the leased water could be used
downstream of the ISF reach for compact compliance purposes.
(6) The lessor has entered into, or intends to enter into, an agreement
for the leas e of the historic consumptive use of the subject water
right downstream of the ISF reach that would not have occurred
but for the lease to the CWCB .
(7) The lessor or the CWCB will receive payment for leasin g t h e
hist orical consumptive use of the subject water right for use
downstream of the ISF reach.
(8) The lessor has informed the Board that it intends to sell the
subject water right after the term of the lea se ; and
d. any other pertinent information before the Board .

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