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5s. Withdrawal of Filin <br />If the Board elects to withdraw a Water Court filing, notice shall be given in the agenda of the Board <br />meeting at which the action is expected to occur. <br />6. ACQUISITION OF WATER, WATER RIGHTS OR INTERESTS IN WATER FOR INSTREAM <br />FLOW PURPOSES. <br />The Board may acquire water. water rights. or interests in water for ISF purposes by the following <br />procedures: <br />6a. Means of Acquisition. <br />The Board may acquire. by grant. purchase. donation. bequest, devise, lease, exchange, or other <br />contractual agreement, from or 4vith any Person. including any governmental entity, such water, water <br />rights. or interests in water that are not on the Division Engineer s abandonment list in such amounts as <br />the Board determines are appropriate for stream flows or for natural surface water levels or volumes for <br />natural lakes to preserve or improve the natural environment to a reasonable degree. <br />6b. 120 Day Rule. <br />f:t the request of any Person. including any governmental entity. the Board shall determine in a timely <br />manner, not to exceed one hundred twenty days. unless further time is granted by the requesting Person. <br />~;~rhat terrY?s and conditions the Board,rill accept in a contract or agreement for the acquisition- The 120- <br />day percd begins on the day the Board first considers the proposed contract or agreement at a regularly <br />scredul~d or special Board meeting. <br />6c. Stacking Evaluation. <br />The Boarry shall evaluate vrhether to combine o.r stack the acquired ~~rater right ~,rrith any other ISF <br />appropriation or acquisition, based upon the extent to which the acquired water vrill provide flows or lake <br />levels to presence or improve the natural environment to a reasonable degree. - <br />If the Board elects to combine or stack the acquired water right, the details of how the water rights are to <br />be combined or stacked with other existing ISF appropriations or acquisitions must be set forth in the <br />application for a decree to use the acquired right for instream flow purposes. <br />6d. Enforcement of Acquisition Agreement. <br />Pursuant to section 37-92-102(3}. C.R.S.. any contract or agreement executed between the Board and <br />any Person which provides water. water rights, or interests in water to the Board shall be enforceable by <br />either party thereto as a water matter in the water court having jurisdiction over the water right according <br />to the terms of the contract or agreement. <br />6e. Appropriateness of an Acquisition. <br />The Board shall evaluate the appropriateness of any acquisition of water, water rights, or interests in <br />water to preserve or improve the natural environment. Such evaluation shall include, but need not be <br />limited to consideration of the following factors: <br />(1 j The reach of stream or lake level for which the use of the acquired water is proposed, which may <br />be based upon any one or a combination of the following: the historical location of return flow; the <br />length of the existing instream flow reach, where applicable; whether an existing instream flow <br />water right relies on return flows from the water right proposed for acquisition; the environment to <br />