Administrative Record 23-30

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

and who complies with Rules 9b. and 9c. Any request for modification, except by staff, shall be made in
writing, submitted to Staff and such writing shall contain the following information:
I (1) name. address and telephone number of the Person seeking modification;
(2) stream or lake subject of request;
(3) modification requested;
(4) reason for modification; and
(5) the scientific data supporting the request.
9b. Need for Water.
Any ~$erson who requests a modification of an ISF right must, as a precondition to the Board's
consideration of the request, establish a need for the water made available by the modification. Staff does
not have to comply with this rule and any governmental entity seeking to implement the terms of an
agreement specified in Rule 9f. does not have to comply with this section.
9c. Grounds for Modification.
No request for modification may be considered until the applicant establishes that one of the following
reasons for modification exists:
(1) Mistake.
I An ISF right may be considered for modification if the requesting Person establishes that an error was
made in the calculations upon which the original or supplemental appropriation or enlargement to an
original appropriation was made.
(2) Excessive Flow.
An ISF right may be considered for modification if the requesting Pperson establishes that the ISF flow
rate is in excess of the amount of water necessary to accomplish the purpose of the original,
supplemental or enlarged ISF right when that right was appropriated.
9d. Recovery Imalementation or Other Inte_raovernmental Agreement.
An ISF right may be modified if such modification was agreed upon by the Board as part of the Recovery
Implementation Program for the Endangered Fishes of the Colorado River Basin or any other agreement
between the Board and another governmental entity. Modifications made as a part of the Recovery
Implementation Program for the Endangered Fishes of the Colorado River Basin need not be subject to
the public review process in Rule 9e. Criteria for modifications made in the ISF rights decreed as part of
the Recovery Implementation Program for the Endangered Fishes of the Colorado River Basin will be
established in the decrees governing such appropriations.
9e. Public Review Process of Requests for Modification.
The Board shall adhere to the following public review process when considering requests for modification:
(1) Notice.
Notice of the proposed modification and the date of the public meeting at which it will first be considered
shall be printed in the resume in the Water Court having jurisdiction over the decree that is the subject of