Administrative Record 1-11

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

(ii) In establishing an appropriate price to be paid, the Board shall take into consideration the fact
that the entire interest in the ~~ ater right is not being conveyed. and the core beneficial use of the
~~rater right will continue to be available do«-nstream of the instream flo«- reach.
(iii) The Board should make a reasonable deduction in the amount paid under the contract or
agreement based upon any compensation actually or potentially received by the party to the
contract or agreement for the use of the water below the instream flow reach. The contract or
agreement should also contain a provision to reduce the lease payment should an agreement «-ith
a third party for additional compensation be executed and payments received thereunder after the
date of execution of the contract or agreement by the Board but prior to the expiration of such
contract or agreement.
(iv) The Board should take into consideration the projected increase in value of the «~ater right to
the holder thereof upon termination of the contract or agreement in establishing the amount of
compensation to be offered under the contract or agreement. In making such determination. the
Board should take into account the intended or potential future use of the water right to the
extent such is kno«~n or can be reasonably anticipated.
E. Consistency- pith other statutor~~ objectives:
(i) The Board should not execute such contract or agreement if it finds that to do so «~ould impair
the ability of Colorado to fully develop and place to consumptive beneficial uses compact
entitlements.
(ii) The Board should take into consideration any identified water supply gap. either consumptive
or non-consumptive, in the area of the proposed instream flo«~ reach and the potential impact of
execution of the contract or agreement upon filling such gap.
(iii) Consistent v~:~ith the above, the Board shall take into consideration the impact of the instream
flow decree upon the exercise of reasonably anticipated future exchanges of «.-ater through the
identified instream flow reach.
(iv) The Board should take into consideration «-hether the future use of the historical
consumptive use at the point downstream of the instream flow reach will assist in alleviating
concerns associated with potential calls under interstate compacts.
(v) The Board should take into consideration any information provided by the State Engineer's
office upon the administrability ofthe new water right.
(vi) The Board should take into consideration the reason ~~-hy the party to the contract or
agreement no longer has a need for water for the previously decreed use at the decreed location,
and not allo~~- its leases to promote the speculation in water rights or the preservation of «:-ater
rights without a well established record of diversion and beneficial use.
F. General criteria:
(i) Nothing in the criteria should affect the ability of any party to donate the v~~ater right to the
CWCB.
(ii) Nothing in the criteria should expand the authority of the C~'VCB relative to the temporary or
permanent acquisition of water rights and the use thereof.
(iii) Any evaporative or transport losses through the instream flo«~ reach should be deducted •
from the consumptive use available downstream.
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