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11-05 ISFRulemakingHearing
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11-05 ISFRulemakingHearing
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Last modified
8/16/2009 2:34:18 PM
Creation date
11/14/2008 11:54:20 AM
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Board Meetings
Board Meeting Date
11/15/2005
Description
ISF Section - Rulemaking Hearing - Proposed Chages to ISF Rules 6g
Board Meetings - Doc Type
Memo
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<br /> <br />Andrew Peternell <br />Colorado Water Project <br /> <br />October 6, 2005 <br /> <br />Mr. Dan Memman <br />Colorado- Water Conservation Board <br />1313 Shennan Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />Re: Rulemakinsz for CWCB ISF Rule 6g <br /> <br />Dear Mr~ Merriman: <br /> <br />Thank: you for the opportunity to provide public comment on the proposed changes to <br />.Rule 6g-ofthe Colorado Water Conservation Board ("eWeB" or "Board'') Rules Concerning the <br />Colorado Instream Flow and Natura1 Lake Level Program. On behalf of Trout Unlimited <br />("TV"), I am pleased to offer these comments~ <br /> <br />TO is a non..profit conservation organization with approximately 150,000 members <br />natioi1ally and approximately 10,000 in Colorado. TU's mission is to conserve, protect and <br />restore coldwater fisheries and their habitats. In Colorado, TU's Colorado Water Project is <br />concerned primarily with maintaining and restoring stream flows for healthy coldwater fisheries <br />. and with increasing meaningful public - participation in decisions regarding water allocation. As <br />you know, TV is highly interested in the CWCB's instream flow program. <br /> <br />House Bill 2005-1039 ("H8-1039"), which authorizes the CWCB to accept temporary <br />loans for instream use- and which is codified at C.R.S. f 37..83-105, allows for the exercise of <br />temporary instream flow loa~ in three years out of a ten-year period. Under the statute, <br />approval of a loan by the Division of Water Resources ("DWR") stands for the ten-year period <br />unless a party claims that operation of the loan has injured its water rights, in which case DWR <br />must perform an additional injury review~ The Board~s rule should recognize that. under this <br />statutory framework DWR approval ofa loan will not be required before accepting a loan in <br />some years, and the rule should establish two distinct procedures for the eWeB to process loan <br />offers depending on whether or not the DWR is reviewing the proposed loan in a particular year. <br /> <br />In years in which DWR approval is required before a loan is exercised, the basic <br />parameters of paragraphs (1) and (2) of the staWs proposed rule should apply, though TV would <br />suggest several changes to the proposed text. First, paragraph (2) provides .the Director with <br />authority to accept loans in accordance with the procedures established in C.R.S. ~ 37-83-105. <br />The procedures set forth in the statute, however, apply only to DWR review of proposed loans <br /> <br />Tro,,' Unlimitld: Ameliea', Leadin, Coldwater Fish,ries COIfJel'Val;on OrganiZ/lI;Dn <br />Colorado pm~e: 1320 P~arl Street, Suite 320, Boulder, Colorad~ 80~~2 <br />PHONE: (303) 440-2937 FAX:+(303) 440-7933 EMAIL: dpeterDeIJ@tu~org- -- <br /> <br />. ---r -- ..L - . I __ _.- <br />
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