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Administrative Record 23-30
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Administrative Record 23-30
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Last modified
12/9/2009 1:49:41 PM
Creation date
2/11/2009 5:46:49 PM
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Instream Flow Rules
Year
2009
Instream Flow Rules - Doc Type
Rulemaking Hearings
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tem~orarr loan. The CWCB's use of loaned water for instream flows shall not exceed the <br />I CWCB's decreed instream flow amount or extend beyond the CWCB's decreed instream flow <br />reach at any time during the loan term, and shall comply with any terms and conditions imposed <br />by the State Engineer to prevent injury. The purpose of this delegation is to expedite use of <br />lei i [rJ%rarily loaned water for instream flows by the Board. <br />(~) At the first regular or special Board meeting after the Director accepts or rejects an offer of a loan <br />of water to the Board for temporary instream flow use under (1) or (2) above-, the Board shall <br />vote either to ratify or overturn the Director's decision. <br />I (~+) The Board, Director and staff will expedite all actions necessary to implement Rule 6kff. <br />61#. Funds for Water Right Acquisitions. <br />The Board may use any funds available to it. ether +h~n ~~,,, ~,..,~t.,,~+.°., C..n,~ ,.r°,+°,~ ;,, ~~z~~rL~~ <br />:for costs of the acquisition of water rights and their conversion to ISF ..,~+°~ ^nh+~use. The Board <br />shall suend available funds for such costs in accordance v~fith section 37-60-123.7. C.R.S. and any other <br />a~~licab{;, sta~uto~~~ authorit~~. and with applicable Board policies and procedures. <br />6mf. Public Input on Proposed Acquisitions. <br />The Board shall follow the public review process in Rules 11 a. -11 c. when acquiring water, water rights <br />or interests in water, except for temporan~ loans or leases as provided in Rule 6k.g-above and except as <br />provided below. <br />(1) Prior to Board consideration of any proposed acquisition, Staff shall mail notice of the proposed <br />acquisition to all Ppeersons on the ISF Subscription Mailing List and the State Engineer's <br />Substitute Sup^Iv Plan Notification List for the relevant water division, and shall provide Proper <br />Notice. -Such notice shall include: <br />(a) Tthe case number adjudicating the water right proposed to be acquired, and the <br />appropriation date, adjudication date, priority, decreed usets}. and flow amount of the <br />water right proposed to be acquired, and approximately ho~v much of the water right the <br />Board ~~=il[ consider acquiring; <br />(b) tThe location of the stream reach or lake that is the subject of the proposal, <br />including-, when available, the specific length of stream reach to benefit from the <br />proposed acquisition; <br />(c) rtany available information on the purpose of the acquisition, including the degree of <br />preservation or improvement of the natural environment to be achieved; <br />(d) Aany available scientific data specifically supporting the position that the acquisition will <br />achieve the goal of preserving or improving the natural environment to a reasonable <br />degree: and <br />~e~~ In addition to ~a} - (d}above. for leases and loans of ~~vater, .eater rights cr interests in <br />yvater under section 37-92-162i3~t. such notice shall include the proposed term of the <br />lease or !pan and the proposed season of use of the water under the lease or loan. <br />(2) At every regularly scheduled Board meeting subsequent to the mailing of notice, and prior to final <br />Board action, Staff will report on the status of the proposed acquisition and time will be reserved <br />for public comment. <br />• <br />
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