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

Revised ProDosed Rule 62.

Rule 62. Temporary Loans of Water to the Board. The Board may accept loans of water for
instream flow use for a period not to exceed 120 days in anyone yeart in accordance with the
procedures and subject to the limitations set forth in section 37-83-105t C.R.S.

(1) Within 7 working days after receiving an offer of a loan of water to the Board for
temporary instream flow uset staff will provide a preliminary response to the
proponent an~ unless the proposed loan has no potential value for instream flow
use, staff' will coordinate with the proponent on preparing and submitting the
necessary documentation to the State and Division Engineers required by
sections 37-83-105(2)(a)(1) and (2)(b)(1), C.R~S., and providing the public notice
required by section 37-83-10S(2)(bXII), C.R.S.

{2} Provided that the State Engineer has made a determination of no injury pursuant
to section 37-83-10S(2)(a)(ID), C.R..S., the Board hereby delegates authority to
the CWCB Director to accept loans of water for instream flow use in accordance
with the procedures and subject to the limitations set forth in section 37-83-105
and to take any administrative action necessary to put the loaned water to
instream flow use. The CWCB's use oftoanOO water for instream flows shall not
exceed the CWCB's decreed instream. flow amount or CWCB's decreed instream
flow reach at any time during the loan term. The purpose of this delegation is to
expedite use of loaned water for instream flows by the Board..

(3) At the first regular or special Board meeting after the Director accepts or rejects
an offer of a loan of water to the Board for temporary instream flow use under
(2) above, the Board shall vote either to ratify or overturn the Director's decision.

(4) The Board, Director and staff will expedite all actions necessary to implement
Rule 6g.