Administrative Record 12-22

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

•
ISF Rule 6 -Water Acquisitions
(Changes to Jul~~ 2008 Draft shove n in bold)
September 8, 2008 Draft
year, in accordance wrth the procedures and subject to the lunrtahons set
forth in section 37-83-105, C.R.S.
(1) Within 5 working days after receiving an offer of a loan of water to
the Board for temporary instream flow use, the Director will provide a
response to the proponent and, unless the proposed loan has no potential
value for instream flow use, staff will coordinate with the proponent on
preparing and submitting the necessary documentation to the State and
Division Engineers required by sections 37-83-105(2)(a)(I) and (2)(b)(I),
C.R.S., and providing the public notice required by section 37-83-
105(2)(b)(II), C.R.S.
•
(2) Provided that the State Engineer has made a determination of no
injury pursuant to section 37-83-105(2)(a)(III), C.R.S., the Board hereby
delegates authority to the CWCB Director to accept loans of water for
instream flow use in accordance with the procedures and subject to the
limitations set forth in section 37-83-105 and to take any administrative
action necessary to put the loaned water to instream flow use. ~
:,~~~~~~=~_~Provided that the State Engineer's determination
of non-injury is still in effect, the Director shall notify the proponent and
the State Engineer whether the loan is to be exercised in subszquent ~°ears.
Such notification shall be provided within 5 working days of the Director
being notified by the proponent that the water is available for use under
the loan. The CWCB's use of loaned water for instream flows shall not
exceed the CWCB's decreed instream flow amount or CWCB's decreed
instream flov~~ reach at any time during the loan term, and shall comply
with any terms and conditions imposed by the State Engineer to prevent
injury. The purpose of this delegation is to expedite use of loaned water
for instream flows by the Board.
(3) At the first regular or special Board meeting after the Director
accepts or rejects an offer of a loan of water to the Board for temporary
instream flow use under (1) or (2) above, the Board shall vote either to
ratify or overturn the Director's decision.
(4) The Board, Director and staff will expedite all actions necessary to
implement Rule 6k~.
~~-bi. Funds for Water Ri t Acquisitions. The Board may use any funds
available to it--~~~t~an-t#c r_ * -~,.~r:^r ~,t~a ,.r°~*~~ ~,~, ~`"
C: L2~S'LTCiTICft: ['GZ.Tt `-~L TT
-S- for costs of the acquisition of water rights and their conversion to
ISF use~i~nYar ,-;L~,;-., The Beard shall spend available finds for such cc~st5
ii accordance .~-ith section 3 :~-60-1 ~'3.?. C.R.S. and an~~ ether applicable
statt.t~~r~ ~authc~~-it~-. and ~tiith applicable Board polities and procedures.

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