Administrative Record 12-22

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

ISF Rule 6 - `'Vater Acquisitions September 8, 2008 Draft
(Changes to July 2008 Draft shown in bold)
• T ~
6. ACQL ISITION OF V~ ATER, WATER RIGHTS OR INTERESTS IN
~'~'ATER FOR INSTREAM FLOW PURPOSES. The Board may acquire water,
«~ater rights, or interests in water for ISF purposes by the following procedures:
6a. Means of Acquisition. The Board may acquire, by grant, purchase,
donation, bequest, devise, lease, exchange, or other contractual agreement,
from or with any person, including any governmental entity, such water,
~;-ater rights, or interests in water that are not on thz Division Engineer's
abardon~nznt list in such amounts as the Board determines ~ are
appropriate for stream flows or for natural surface water levels or volumes
for natural lakes to preserve or improve the natural environment to a
reasonable degree.
6b. 120-Da~Rule. At the request of any person, including any governmental
entity, the Board shall determine in a timely manner, not to exceed one
hundred twenty days, unless further time is granted by the requesting
person, what terms and conditions the Board will 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_Evaluation. The Board shall evaluate whether to combine or
stack the acquired water right with any other ISF appropriation or
e acquisition, baszcl upon the de~rze to whi~.h the acquired «-ater «-i11 ~
~,r~~-provide flows or lake levels to preserve or improve the natural
environment to a reasonable degree.
If the Board elects to combine or stack the acquired water right, the details
of ho~v the water rights are to be combined or stacked v~rith 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 between the Board and
any person that :-~ provides water, water rights, or interests in water to
the Board shall be enforceable by either party thereto as a water matter in
the water court having jurisdiction over the water right according to the
terms of the contract or agreement.
6e. Appropriateness of an Acquisition. The Board shall evaluate the
appropriateness of any acquisition of water, water rights, or interests in
water to preserve or improve the natural environment. Such evaluation
may include, but need not be limited to consideration of the following
factors:
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