AG Opinion

• Year: 2009
• Instream Flow Rules - Doc Type: Post Rulemaking Documents

be preserved or improved by the proposed acquisition: or such other factors the Board may
identify:
(2) The natural flo~rr regime:
(3) Any potential material injury to existing decreed water rights;
(4) The historical consumptive use and historical return flows of the water right proposed for
acquisition that may be available for instream flow use:
(5) The natural environment that may be preserved or improved by the proposed acquisition, and
~;vhether the natural environment will be preserved or improved to a reasonable degree by the
water available from the proposed acquisition:
(5) The location of other ;crater rights on the subject stream(s):
(7) The effect of the proposed acquisition on any relevant interstate compact issue. including whether
the acquisition vrould assist in meeting or result in the delivery of more water than required under
compact obligations:
(3- -The effect of the proposed acquisition on the maximum utilization of the waters of the state;
(Q ~ ~ uriether the ~^rater acquired will be available for subsequent use or reuse downstream:
1!3 Tre ~cst to complete the transaction or any other associated costs: and
(11 _~ Tl~~ administrability of the acquired ~.vater sight :when used for instream Tlow purposes.
The Board steal! determine how to best utilize the acquired ~^rater. ~;vater rights or interest in water to
Ia~~.rV-`. or irY'LrovC the .natural environment-
p~....
6f. Factors Related to Loans and Leases.
In addition to considering the factors listed above, for loans and leases of water. water rights and interests
in water for ISF purposes under section 37-92-102(3).
(1) The Board shall consider the extent to which the leased or loaned water will preserve or improve
the natural environment to a reasonable degree, including but not limited to:
(a ~Nhether the amount of water available for acquisition is needed to provide flows to meet
a decreed ISF amount in below average years: and
(b) UVhether the amount of water available for acquisition could be used to and would
improve the natural environment to a reasonable degree, either alone or in combination
with existing decreed ISF water rights.
(2) In considering the extent to which the leased or loaned water will preserve or improve the natural
environment to a reasonable degree. the Board will request and review a biological analysis from
the Colorado Division of Wildlife, and will review any other biological or scientific evidence
presented to the Board.
(3) If other sources of water are available for acquisition on the subject stream reach(es) by purchase
or donation: the Board shall fully consider each proposed acquisition and give preference first to
the donation and then to a reasonable acquisition by purchase.