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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 />Mr~ Dan Meniman <br />Page 3 of 4 <br /> <br />unless. staff det.rmines that 'he proposed loan has 110 <br />potential value to the natural env;rOnlMnti will coordinate <br />with the proponent on preparing and submitting the <br />necessary documentation to the State and Division <br />Engineers required by sections 37.sJ-I05(2)(a)(I) and <br />(2)(b)(/)t C4 R.S., and providing the public notice required <br />by section 37-83..105(2)(b)(II). C.R.S+ <br /> <br />(b) If the State Engineer makes a determination of no injury <br />pursuant to see/ion 37-83-105(2)(a)(/I/), C~R.S., the Board <br />hereby delegates authority to the CWCB Director to accept <br />loans of water for instream flow use not exceeding the <br />decreed amoulll or decreed stream reach at anytime during <br />the loan term and to take any administrative action <br />necessary to put the loaned water to instream flow use. The <br />purpose of this delegation is to allow a timely response to <br />offers of loans of water to the Board The Director shall <br />accept or reject a proposed loan within five days of the <br />State Eng;nl!~,Js decision under section 37-83- <br />l05(2)(b)(VII), C.R.S., or before the date on which the <br />loan p'opon~nt proposes to commence the loan, <br />whichever is later. <br /> <br />(2) LoaM Not Requiring Approval of the Division of Water R~source$ <br />Before Being Exe'cis~d in II Particular Year. <br /> <br />(a) In years in which approval of the Divisioll of Water . <br />Resources is not required before exercising a loan, the <br />Board I,ereby delegates authority to tl,e CWCB Director to <br />accept loans of water fo, ;nstream flow. use not exceeding <br />tl,e decreed amount or decreed stream reach at Qnyt;~ <br />during ti,e loan term and to take any administrative action <br />necessary 10 put tl.e loaned water to inst,eam flow use. <br />Tire purpose oft/,is delegation is to allow Q timely <br />response to offers of loans of water to ti,e Board. The <br />Director shall accept 0' reject a proposed loan within five <br />days of the date the offer is made or before tl,e date on <br />wl,;ch the loan proponent proposes to commence the loan, <br />w/,ic/,ever is 'ater. <br /> <br />(3) AI/he first regular or special Board meeting after Ihe Director accepts <br />or rejects an offer of a loan of water 10 the Board for temporary <br />inslream flow use under (1) or (2) above, the Board shall vote either to <br />ratify or overturn the Director's decision. <br />
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