Administrative Record 1-11

• Year: 2009
• Instream Flow Rules - Doc Type: Rulemaking Hearings

legislation. The policy also lists the type of information staff must bring to the Board ~;-hen
requesting the Board to spend money on all or part of an acquisition of ~~°ater for ISF use. or on
costs related to such an acquisition. Please note that ISF Rule 6 (Acquisition of ~~%ater. `'t%ater
Rights or Interests in «'ater for Instream Flo«- Purposes) «-i11 continue to apply to all proposed
«-ater acquisitions. In re~-ie~-ing and determining the appropriateness of a proposed «-ater
acquisition. the Board «-i11 consider the factors listed in ISF Rule 6 and follo«- the Rule's
procedures. Policy 19 simply pro~-ides notice to the public of the types of costs the funds maybe
applied to, and the information staff «-i11 bring to the Board «°hen requesting an expenditure of
funds under section 3 7-60-123.7.
HB 1280: Protection of Leased or Loaned «'ater Rights
Staff recommends amending ISF Rule 6 to implement HB 1280. Belo«.- is ISF Rule 6 in its
entirety, ~°ith added language underlined. Please note that this is a first draft for discussion
purposes only.
ISF Rule 6: ACQtiISITIOI~ OF ~i~"ATER, t'~'ATER RIGHTS OR INTEREST Iti «'ATER
FOR II~STREA~I FLO«' PtiRPOSES. The Board may acquire «-ater, «-ater rights. or
interests in «-ater for ISF purposes by the follo~~-ing procedures:
6a. 1~Ieans of Acquisition. The Board may acquire. by grant. purchase. donation, bequest,
de~-ise, lease. exchange. or other contractual agreement. from or «:-ith any person.
including any ~o~~ernmental entity. such «-ater, «.-ater rights. or interests in «:-ater in such
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amount as the Board determines is appropriate for stream flo~~-s or for natural surface
«~ater le~-els or ~-olumes for natural lakes to preser~~e or impro~-e the natural en~-ironment _
to a reasonable degree.
6b. 120 Dav Rule. At the request of any person. including any go~-ernmental entity. the
Board shall determine in a timely manner. not to exceed one hundred t«~enty days, unless
further time is granted by the requesting person, «~hat terms and conditions the Board «-i11
accept in a contract or agreement for the acquisition. The 120-day period begins on the
day the Board first considers the proposed contract or agreement at a regularly scheduled
or special Board meeting.
6c. Stacking E~-aluation. The Board shall e~-aluate «.-hether to combine or stack the acquired
«-ater right «.-ith any other ISF appropriation or acquisition in order to pro~~ide flo~~~s or
lake le~~els to preser~=e or impro~-e the natural en~-ironment to a reasonable degree.
If the Board elects to combine or stack the acquired ~~~ater right, the details of hog- the
«~ater rights are to be combined or stacked ~~ith other existing ISF appropriations or
acquisitions must be set forth in the change application for the acquired right.
6d. Enforcement of Acquisition Agreement. Pursuant to section 37-92-102(3). C.R.S.. any
contract or agreement executed bet«-een the Board and any person «~hich pro~-ides «:~ater,
~;-ater rights. or interests in ~~~ater to the Board shall be enforceable by either party thereto
as a «.-ater matter in the «-ater court ha~~ing jurisdiction o~-er the «~ater right according to
the terms of the contract or agreement.
6e. Appropriateness of an Acquisition. The Board shall e~-aluate the appropriateness of any
acquisition of «-ater, «~ater rights. or interests in «~ater to preser~-e or impro~-e the natural
en~~ironment. Such e~-aluation may include. but need not be limited to consideration of
the folio«-ing factors: