Administrative Record 12-22

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

Page 2 -Policy ## 19
Expenditures for ISF Water Acquisitions
b. Water acqulsrtlons that make water available for new ISF water
rights.
c. Water acquisitions that: (1) preserve the natural environment of
species that have been listed as threatened or endangered under
state or federal law, or are candidate species or likely to become
candidate species; (2) support wild and scenic alternative
management plans; or (3) provide federal regulatory certainty.
d. ~~'atzr acquisiti~~ns that pml-ide permanent instream flo~~~
protLction.
For leases of water, water rights or interests in water under section 37-
92-102(3), the Board shall request an affidavit from the lessor stating
the lessor's intended use of the water right during and after the term of
the lease. The Board shall calculate the amount of compensation to be
paid for the lease. and ma~° increase or decrease that anloullt, based
upon:
a. the lessor's stated intent as set forth in the affidavit and on the
administrative record before the Board;
b. the fair market value of the subject water right;
c. the existence of one or more of the following circumstances:
(1) The lessor agrees in writing to put the water right back to its
original decreed use after the term of the lease.
(2) The lessor agrees in writing to give the CWCB a right of first
refusal on purchasing the water right at a fair market value if the
lessor sells the water right after the term of the lease.
(3) The leased water will provide water to critical habitat for a
species that has been listed as threatened or endangered under
state or federal law, or is a candidate species or likely to become
a candidate species.
(4) The positit-z or negatit°e effects of public access. if any-. to
the ISF reach through which the Board will use the leased water.
(5) The historical consumptive use of the leased water could be used
downstream of the ISF reach for compact compliance purposes.
{ b i The lessor has entered into, or intends to enter into, an agreement
for the lease of the historical consumptive use of the subject
water right for use downstream of the ISF reach that would not
have occurred but for the lease to the CWCB.
"-= The lessor or the C~'4'CB «;-ill recei~-z pa~~illent for Ieasin~=
the historical consumpti~,~e use of the subizct «-atzr right for use
dot~-nstream of the ISF reach.
i~r"< i The lessor has informed the Board that it intends to sell the
subject water right after the term of the lease; and
d. any other pertinent information before the Board.
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