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The Board shall file a change of `eater right application or other application ~~:-ith the <br />~~-ater court to obtain a decreed right to use ~;-ater for ISF purposes under a contract or <br />agreement for a lease or loan of rater. «~ater rights or interests in ~~~ater under section 37- <br />92-102(3). The resulting ~;pater court decree shall <br />1) guantify the historical consumpti~-e use of the leased or loaned ~~~ater right; and <br />2) determine the method by «-hich the historical consumptive use should be quantified <br />and credited during the term of the agreement for the lease or loan of the «:-ater right. <br />Said method shall recognize the actual amount of consumptive use available under <br />the leased or loaned «.-ater right and shall not result in a reduction of the historical <br />consumptive use of that «-ater right during the term of the lease or loan, except to the <br />extent such reduction is based upon the actual amount of «~ater available under <br />said rights. <br />6f. Limitation on Acquisitions. The Board may not accept a donation of «ater rights that <br />~vould require the removal of existing infrastructure ~;-ithout appro~~al of the current <br />owner of such infrastructure. or a donation of «-ater rights that «~ere acquired by <br />condemnation. <br />6g. Temporar~.~ Loans of ~'~~ ater to the Board. The Board may accept loans of ~~~ater for <br />instream flo~~~ use for a period not to exceed 120 days in any one year, in accordance with <br />the procedures and subject to the limitations set forth in section 37-83-10~, C.R.S. <br />(1) ~~'ithin ~ «-orking days after receiving an offer of a loan of ~~.-ater to the Board for <br />temporary instream flo«- use. the Director ~;ill pro~-ide a response to the proponent and. <br />unless the proposed loan has no potential value for instream flo«~ use, staff «-i11 <br />coordinate ~;pith the proponent on preparing and submitting the necessary documentation <br />to the State and Division Engineers required by sections 37-83-105(2)(a)(I) and (2)(b)(I), <br />C.R.S.. and providing the public notice required by section 37-83-105(2)(b)(II), C.R.S. <br />(2) Provided that the State Engineer has made a determination of no injury pursuant <br />to section 37-83-10~(2)(a)(III), C.R.S.. the Board hereby= delegates authority to the <br />C~'~'CB Director to accept loans of «-ater for instream flo«- use in accordance ~~-ith the <br />procedures and subject to the limitations set forth in section 37-83-10~ and to take any <br />administrative action necessary to put the loaned «~ater to instream flo" use. In <br />subsequent years, and provided that the State Engineer's determination of non-injury is <br />still in effect. the Director shall notify the proponent and the State Engineer ~~-hether the <br />loan is to be exercised. Such notification shall be provided «-ithin ~ «-orking days of the <br />Director being notified by the proponent that the ~;-ater is a~~ailable for use under the loan. <br />The Ceti CB's use of loaned «-ater for instream flo«-s shall not exceed the C~'~~CB's <br />decreed instream flo«.- amount or C~'~'CB's decreed instream flo«- reach at any time <br />during the loan term. and shall comply ~;-ith any terms and conditions imposed by the <br />State Engineer to prevent injury. The purpose of this delegation is to expedite use of <br />loaned ~;-ater for instream flo~~:-s by the Board. <br />(3) At the first regular or special Board meeting after the Director accepts or rejects <br />an offer of a loan of «-ater to the Board for temporar;-~ instream flog- use under (1) or (2) <br />above. the Board shall rote either to ratify or overturn the Director's decision. <br />(4) The Board. Director and staff «-i11 expedite all actions necessary to implement <br />Rule 6g. <br /> <br />