Administrative Record 23-30

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

(1 '/erify the quanti caIion of the historical ccnsumotive use of the acquired ~avater right:
t2 ~Ierify the identification. ~uantificatior: and Iccatior~ cf return flo~~~s available for ISF use to
the extent that no in"ur- r,~ill result to vested ~:r~ater ri hts and decreed conditional water ri hts:
r33 Include terms and conditions providing that:
(a? The Board or the seller, lessor. lender. or donor of the .A~ater rr'aL- bring abut the
beneficial use of tl'e historical consumpti~de use of the chap ed water right downstream cf
the ISF reach as fully consumable reusable water" subject to such terms and conditions
as the ~frater court deems necessar" tc prevent in"u • to vested grater ri hts ar'id decreed
conditional water rights: and
b` v'Uhen the Board has rot ideritfed such downstream benefcial use at the time of the
than e of 4~rater ri rit. the Board ma amend the sub"ect chance decree. "rf re aired b=-
the Division En cineer. to add such bene icial uses s of the historical consumotive use
do~rYnstream of the ISF reach at the time the Board is able ie brnq about such use cr
reuse. ~,rrithout re^uiriny recuantification of the ~ri~inal historical consumptive use
calculatnr::
and
(4; Determine the method b=: which the historical consumptive use should be quantified and
credited dtarin the term of the a reement for the lease or lean of th e ~.vater ri ht ursuant to
secton 3'-92-102(3`. C"R.S.
6i€. Limitation on Acquisitions.
The Board may not accept a donation of water rights that ~~ere acquired by condemnation. or that would
require th}e/~rYe~ moval}of ~exi(.s}t~i+ng infrastruc/t~u!re with.,out ap~pproval of the current owner of such infrastructure:
{3f''__a'_d~~'a•Y'R'Vl-r`Gf-',~Yi~'.'l'e~--T'i°yPy"C:7-_t9'1a°-_'__?~~e~e'a~.~i"~y,::E~r'~G7'_`~".i'_9~"~l__vF^__i{~e8`o"~{~'G1-ti ~4 ".
6k~. Temporary Loans of Water to the Board.
The Board may accept temporary loans of water for instream flow use for a period not to exceed 120
days in any one year, in accordance with the procedures and subject to the limitations set forth in section
37-83-105, C.R.S.
(1) Within 5 working days after receiving an offer of a temporar~r 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
tempcrar~,r 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.
3. ~^ ~~ ~^c°^~ ~°^t ~~°~rr °~~' ~ Provided that the State Engineers determination of non-injury is still
in effect, the Director shall notify the proponent and the State Engineer whether the temporary
loan is to be exercised in subsequent years. 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