Administrative Record 1-11

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

6h. Funds for `'Vater Ri t Acquisitions. The Board may use any funds available to its
. ., for costs of the acquisition of
«-ater rights and their conversion to ISF water rights.
6i. Public Input on Proposed Acquisitions. The Board shall follow the public review process
in Rules 11 a. - 11 c. when acquiring water, water rights or interests in water, except as
provided in Rule 6g. above and except as provided below.
(1) Prior to Board consideration of any proposed acquisition, Staff shall mail notice of
the proposed acquisition to all persons on the ISF Subscription Mailing List for the
relevant v~~ater division, and shall provide Proper Notice. Such notice shall include:
(a) the case number adjudicating the water right proposed to be acquired, and the
appropriation date, adjudication date, priority, and flow amount of the water right
proposed to be acquired;
(b) the location of the stream reach or lake that is the subject of the proposal,
including, when available, the specific length of stream reach to benefit from the
proposed acquisition;
(c) any available information on the purpose of the acquisition, including the degree
of preservation or improvement of the natural environment to be achieved;
(d) any available scientific data specifically supporting the position that the
acquisition will achieve the goal of preserving or improving the natural
environment to a reasonable degree; and
(e) for leases and loans of v~~ater, water rights or interests in water under section 37-
• 92-102(3). in addition to (a)--(d):
I. the proposed term of the lease or loan; and
II. the proposed season of use of the water under the lease or loan.
(2) At every regularly scheduled Board meeting subsequent to the mailing of notice, and
prior to final Board action, Staff will report on the status of the proposed acquisition
and time will be reserved for public comment.
(3) Any person may address the Board regarding the proposed acquisition prior to final
Board action. Staff shall provide any written comments it receives regarding the
proposed acquisition directly to the Board.
(~) Any person may request the Board to hold a hearing on a proposed acquisition.
Such a request must be submitted to the Board in writing within twenty days of the
first Board meeting at which the Board considers the proposed acquisition, and must
include a brief statement, with as much specificity as possible, of why a hearing is
being requested.
(~) At its next regularly scheduled meeting after receipt of the request, or at a special
meeting, the Board will consider the request and may, in its sole discretion, grant or
deny such a request. All hearings scheduled by the Board shall be governed by the
follo«-ing procedures:
a. A hearing on a proposed acquisition must be held within the 120 day period
allowed for Board consideration of an acquisition pursuant to Rule 6b., unless
- the person requesting the Board to consider the proposed acquisition agrees to
an extension of time.