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<br />Mr. Dan Merriman <br />P~e2of4 <br /> <br />and do not address the procedures by which the CWCB is to process proposed loans. Because of <br />the time-sensitivity of temporary instream flow loans, the rule should require the Director to <br />accept or reject a proposed loan within five days of the DWR'sdecision under C.R.S. ~ 37-83- <br />1 05 (2)(b )(VII) or before the date on which the loan proponent proposes to commence the loan, <br />whichever is later. · <br /> <br />Next, paragraph (2) indicates that the purpose of delegating authority to the Director to <br />accept loans is to meet emergency needs. While TU agrees strongly that expeditious action is <br />critical and may in fact be necessary to respond to an ecological emergency, we note that UB- <br />1039 removed the "emergency" requirement from C.R.S. ~ 37-83-105. In order to avoid any <br />confusion, TU suggests removing the reference to Uemergency needs" in the final clause of the <br />sentence. <br /> <br />Finally, paragraph (I) indicates that staff will coordinate with a loan proponent on several <br />steps necessary to initiate the DWR review process only "if appropriate." The phrase "if <br />appropriate" is ambiguous, and we believe that staff should work with a loan proponent to <br />initiate the D WR review process in every case in which the loan holds some potential value to <br />the natural enviromnent. TU suggests replacing "if appropriate" with "unless staff determines <br />that the proposed loan has no potential value to the natural enviromnent. n <br /> <br />With respect to loans which do not require DWR approval before being exercised in a <br />given year. the rule should require the Director to accept or reject the loan within five days of the <br />offer or before the date on which the party offering the loan proposes to commence the loan, <br />whichever is later. Because loans that do not need DWR approval before being exercised ina <br />particular year would~ by definition, have already been subjected to DWR and CWCB review, <br />the rule should allow such loans to be implemented expeditiously. <br /> <br />The introductory sentence to the proposed Rule 6g provides that temporary instream <br />flows are not to exceed 120 days. For the sake of clarity, we would insert the clause "in anyone <br />year" into the sentence~ For your convenience, the following draft of the Rule 6g reflects the <br />changes that we would propose: <br /> <br />6g. TemporarvLoans of Water 10 the Board The Board may Qcceplloans <br />of water for ins/ream flow use for Q period not to exceed J 20 days in any <br />one year in accordance with the procedures and subject 10 the limitations <br />setforlh in see/ion 37-83-105. C.R.S. <br /> <br />(J) Loans Requiring Approval of ti,e Division of Water Resources Before <br />Being Exercised in a Particular Year. <br /> <br />(a) In yellf'S in which apPl'Oval of/he Division of WIlter <br />R~sou'ces is required before uercislng tl/olln, within 7 <br />working days after receiving an offer of a loan ofwater to <br />the Boardfor temporary instreamflow use, stafflvil/ <br />provide a preliminary response to the proponent and, <br />