11-05 ISFRulemakingHearing

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Rulemaking Hearing - Proposed Chages to ISF Rules 6g
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board
DeparbDent of Natualllesources
1313 SM:nDaa SIreer. Room 721
Denver, Colorado 80203
PboDe: (303) Jl66.344-1
FAX: (303) J66..44 74
www.cwdJ.ltale~co.us

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MEMORANDUM

BiD Oweas
Governor

Russell Om...
Executive Diredor

TO:

CWCB Members

Rod Kubaricb
CWCB Director
Rick Brown
Actin& Deputy Director

FROM:

Anne Janicki

DATE:

November 1, 2005.

SUBJECT: November 15,2005 Rulemaking Hearing -- Proposed Changes to ISF Rules 6g.

The "Rules Concerning the Colorado Instteam Flow and Natural Lake Level Program" were last
~fied in July 2004 to accommodate statutory changes brought about.by the passage of HB 03-
1320.

During the 2005 session, the legislature passed JIB 05-1039 "concerning the conditions pursuant to
which loans of water rights may be made fo~ instream flow purposes." JIB 1039 removed the
drought declaration requirement for loans,. limited the exercise of a loan to no more than three years
in any ten year period, and provided a process for parties to comment on potential injury which may
result from the loan. The new legislation is included as Appendix 1.

At its July 2005 meeting, the Board directed staff to initiate mlemaking to ensure the Instream Flow
Rules comport with the new legislation, and approved a mlemaking schedule. At this mlem.aking
hearing, staff will present proposed changes to ISF Rule 6g. to reflect the new legislation.

RIIlemaldal! .ChroDoIo2v

The CWCB Connally initiated the rulemaking process to revise Rule 6g. by publishing a Notice of
Rulemaking in the..September 2005 Colorado Register. The notice provided that the mlemaking
hearing would be held on November IS, 16 or 17, 2005 (to be determined at the September 2005
CWCB meeting) in Denver, and that the final date and location of the hearing would be published
after the September 2005 CWCB meeting.

At its September 2005 meeting, the Board scheduled the rulemaking hearing for November 1St
2005, A Revised Notice of Rulemaking for Rule 6g.. was published in the Colorado Register in
October 2~5. The Rulemaking Notices are attached as Appendix 2.

Flood Protection . Water Supply Planning and Finance . Stream and Lake Protection
Water Supply Protection . Conservation and DroUJht P!aJmiq