Administrative Record 12-22

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

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ISF Rule 6 -Water Acquisitions
(Changes to Julj- 2008 Draft shoR n in bold)
September 8, 2008 Draft
~~~ildlife. and ~~-ill re~-ie~;- any= other biolt~~ical or sclelltlfic e~-idznce
presented to the Board.
3) If an eclui~-alent amount of «-atzr is a~-ailable for acquisition on the
subject stream reach(es;~ b~~ purchase or donation, the Board shall fitll~°
consider each proposed acquisition and ~i~_e preference to the donation
or a reasonable acquisition bt- purchase.
~) TIIe Board shall obtain confirmation from the Di~-ision Engineer that
the proposed least or loan is admiiv.strable and is capable of meetin`
all applicable statutoi-~° re~uirernznt5.
>~ The Board shall calculate thz amount of compensation paid to the
lessor of the ~~•ater based, in part. upon the use of the ~~-ater during and
after the ten1l of the lease.
7 i The Board shall consider the historical record(s) of di~-e~-sion, thz
beneficial use of the subject ~~-ater right, the location of «-here return
flo~~-s ha~-e historically,- returned to the stream. the locations of other
~~-ater users on the sub1ect reach of stl"eaII1, and the reasons} the «-atzr
is a=.-ailable for lease or loan.
~~. X11 contracts or a~reenlents for leases or loans of ~,~-ater_ «.-ater rights or
interests in ~~°ater under section ~~-y_-lt~?`'(~3i shall require the Board to
11 `~ maintain records of ho }~= much ~~-ater the Board uses undzr the
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contract or a~reenlent each y=ear it is in effecr. and
?`} install any- measuring dey=iee(s} deemed neczssar~- b~= the Di~-ision
Engineer to administer the lease or lean of <<-atzr and to mea~urt
and record ho«~ much yy°ater flo«-s out of the reach after use b~- the
Board undzr the lease or loan.
bh. ~=~11 contracts or a~-eements for the acquisition of :z-ater, ~~°ater ri~~hts or
interests ir. ~~-ater under section ~~-9~-1C~~'[3) shall ~ro~.•ide that. pursuant
to the ~{~ater court decree implzmentin~ the contract or agreement. the
Board or the seller. le4sor_ lender or donor of the «=atzr may- brinf~ about
beileiicial use of the historical consumpti~-e use of the acquired yy-ater ri;tht
do.~~nstream of the ISF reach as fullti° consumable reusable ~,~-ater.
11 }The bt-in~ing about of beneficial use of the historical consumpti~-e
use of the «-ater may- be achie~-ed b~° dirzct use. sale. Iza;z_ 1~}an or
other contractual arrangement b~;° any- of the abo~°e-referenced
elltttieS_
'~'; The contract or agreement also shall pro~°ide that the D1~"ision
Engineer must be notified of any.- agreement for such beneficial use
clojy-nstream of the ISF reach prior to the use.
~`j Prior to any- beneficial use b~° the Board of the historical
conyunlptii~e use of the acquired «•ater- ri~llt doy~-nstream of thz ISF
reach. the Board shall find that such use:
a_ ~,~-i11 be consistznt ti~ ith the Board's statutory
atitllorit~- and «-itll duly- ado~yted Beard poli.ies and
objecti~-es: and
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