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<br />With regard to coordinating with the proponent, staff would work with the loan proponent to initiate <br />. the DWR review process unless staff detennines that the proposed loan has no potential value to the <br />natural environment~ - <br /> <br />4. TU Co...e", - "Wi'" respect to IlHIIIs wAlell do IIot retlllire D WR qprowd be/ore beiltg <br />exereised ill II give. year, 'ie rule shollld IWIllire the Director to IICc~pt Dr reject tll~ ItHJ. withi" <br />fl'Pe days 0/'116 offer or lMfore tile date 011 which tlte JIlIrIy offt!';"g tie ltHIII prtlJNJ.ft to <br />c...e.u. ,II.ltHllI, wille"...,. Is lllter. B<<II"..lfHlIIS ,,,,,, do "lit .NII DWR wlYWallMfDN . <br />bel-g --,.- " JIIII1lcullll' year woulll, ", dejblltlDII, "IIN tdretUly "." subJectal to DR:' <br />IUId ewes rniew, ,II.",Ie ,IIoultl-td/II,.-,ucll ,."", tlllM .""'.tetll!Xpetlltls",Iy." <br /> <br />CWCB Staff Response -- Staff does not believe there is a need for the Director to formally accept <br />or reject a loan which does not require DWR approval in a given year. Section 37-83-105(2)(a)(1) <br />requires: that the Board compile a statement about the duration of the loan, and other :relevant <br />information sufficient for the State Engineer to determine whether the proposal will injure existing <br />decreed water rights~ If the proponent authorizes the loan for more than one year, the State Engineer <br />will most likely require notification of the instream flow use at the beginning of each subsequent <br />season to prevent injury to other water rights. This notification prior to each new season of use will <br />necessarily require coordination with the proponent. <br /> <br />The purpose of Rule 6g(2) is to expedite the Board's use of the loaned water for instream flows <br />after the State Engineer has determined there will be no injury to other water users. Staff believes <br />the proposed Rule 6g.(2) provides adequate authority for the Director to accept the offer and to put <br />the loaned water to instream flow use. Staff has revised: proposed Rule 6g.(2) to clarify that the <br />purpose of the delegation is to '~expedite use of loaned water for instream floWs by the Board." <br />Furthermore, Rule 6g.( 4) states that ''The Board, Director and staff will expedite all actions <br />necessary to implement Rule 6g. n Therefore, staff does not believe an additional notification <br />deadline is required to accept or reject the proposed loan in any year~ <br /> <br />5. TU CDllUlltmt - "TIle bttrtHtuctory IMtSIICf! to tie prtIJHlsetl R.k 66 provides tlltIt te",JHR'IUY <br />illstraulljltlws tlN.ot I. exceed 12(J tIIry& For tlle,aU ofellllity, we WDliltl i",m tile clII..e 'ill <br />IUIY o.t! yar' I.to '"e selltflllce. " <br /> <br />eweR Staff Response- .... Staff concurs and has made the appropriate change. <br /> <br />StatTwill recommend the Board adopt the following revised Proposed Rule 6g.: <br /> <br />Revised Proposed Rule 62. <br /> <br />Rule 68. Temporary Loans of W &ter to the Board. The Board may accept loans of water for <br />instream flow use for a period not to exceed 120 days ;11 ay one year in &BY h88iR sr e8tlB~ ill <br />'J/hie8 the ge\~r bas deelBfM a drought eRt8fg8Rey or iR v.iBek my other emergeReY is <br />