AG Opinion

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

(4) The Board shall obtain confirmation from the Division Engineer that the proposed lease or loan is
administrable and is capable of meeting all applicable statutory requirements.
(5) The Board shall determine. through negotiation and discussion with the lessor, the amount of
compensation to be paid to the lessor of the water based. in part, upon the anticipated use of the
water during and after the term of the lease.
(6) The Board shall consider evidence of water availability based upon the historical record(s) of
diversion, the beneficial use of the subject water right, the location and timing of where return
flog^rs have historically returned to the stream. and the reason(s) the water is available for lease or
loan.
6g. Recording Requirements.
(1) ill contracts or agreements for leases or loans of water.:^rfter rights or interests in water under
section 37-y2-1iJ2(3) shat! require the Board to:
(a`- Maintain records of how much water the Board uses under the contract or agreement
each year it is in effect: and
~b ~ Install any measuring device(s) deemed necessary by the Division Engineer (1) to
administer the lease or loan of water. (2i to measure and record ho~v much water flows
out of the reach after use by the Board under the lease or loan; and (3) to meet any other
applicable statutory requirements. _
(~ - %II contracts or agreements for leases or loans of water shall provide for the recording of the actual
amount of :-rater legally available and capable of being diverted under the leased or loaned water right
duriny^ the term of the I~~se or loan.rith such records provided to the Division of 4'Vater Resources for
revie:~ and publication.
6h. Water Reuse.
till contracts or agreements for the acquisition of vrater. water rights or interests in water under section
3 -g2-152(3) shall provide that the Board or the seller. lessor. lender or donor of the water may bring
about beneficial use of the historical consumptive use of the acquired vrater right downstream of the ISF
reach as fully consumable reusable water. pursuant to the water court decree authorizing the Board to
use the acquired ~^after.
(1) The bringing about of beneficial use of the historical consumptive use of the water may be
achieved by direct use. sale. lease; loan or other contractual arrangement by the Board or the
seller, lessor. fender or donor.
(2) The contract or agreement also shall provide that the Division Engineer must be notified of any
agreement for such beneficial use downstream of the ISF reach prior to the use.
(3j Prior to any beneficial use by the Board of the historical consumptive use of the acquired water
right downstream of the ISF reach, the Board shall find that such use:
(a) Will be consistent with the Board's statutory authority and with duly adopted Board
policies and objectives; and
(b) Will not injure vested water rights or decreed conditional water rights.
6i. Applications for a Decreed Right to Use Water for 1SF Purposes_