Administrative Record 23-30

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

5s. Withdrawal of Filing.
If the Board elects to withdraw a Water Court filing, notice shall be given in the agenda of the Board
meeting at which the action is expected to occur.
6. ACQUISITION OF WATER. WATER RIGHTS OR INTERESTS IN WATER FOR INSTREAM
FLOW PURPOSES.
The Board may acquire water, water 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 govemmental entity, such water, water
rights, or interests in water :hat are not on the Division Engineer's abandonment list in such amounts as
the Board determines a=e~ 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 Day Rule.
At the request of any Fperson, including any govemmental entity, the Board shall determine in a timely
manner, not to exceed one hundred twenty days, unless further time is granted by the requesting
~;~erson, 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 acquisition. based upon the extent to which the acquired water mvill +ref-te-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 how the water rights are to
be combined or stacked with 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 which 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:
~-'y_ ~ 1 '_ #iThe reach of stream or lake level for which the use of the acquired water is
proposed, which may be based upon any one or a combination of the following: the historical
location ~ea~t-of return flow; the length of the existing instream flow reach, where applicable;
~n~reT~,er an exis~~nq ins~~eam flow 4vater right relies on return flows from the ~;vater right gro~osed
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