AG Opinion

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

the limitations set forth in section 37-83-105 and to take any administrative action necessary to
put the loaned water to instream flow use.
(3) Provided that the State Engineers determination of non-injury_is still in effect, the Director shall
notify the proponent and the State Engineer whether the temporary loan is to be exercised in
subsequent years. Such notification shall be provided within 5 working days of the Director being
notified by the proponent that the water is available for use under the temporary loan. The
CWCB°s use of loaned water for instream flows shall not exceed the CWCB~s decreed instream
flow amount or extend beyond the CWCB's decreed instream flow reach at any time during the
loan term: and shall comply with any terms and conditions imposed by the State Engineer to
prevent injury. The purpose of this delegation is to expedite use of temporarily loaned water for
instream flo~tis by the Board.
(4) At the first regular or special Board meeting after the Director accepts or rejects an offer of a loan
of ~~rater o the Board for temporary instream flow use under (1) or (2) above. the Board shall vote
either to ratify or overturn the Directors decision.
(5) The Board. Director and staff will expedite all actions necessary to implement Rule 6k.
61. Funds for Water Right Acquisitions.
The Board may use any funds available to it for costs of the acquisition of water rights and their
conversion to ISF use. The Board shall spend available funds for such costs in accordance with section
3i-60-123.-_ C.R.S_ and any other applicable statutory authority. and r,.~ith applicable Beard policies and
procedures.
6m. Public Input on Proposed Acquisitions.
The Board shall follc~~r the public revievr process in Rules i1a. - 11c_ when acquiring ~rvater. ~Nater rights
or interests in ~ ~a~r. except for temporary (cans or leases as provided in Rule 6k. above and except as
provided Belo-~:.
(1) Prior to Board consideration of any proposed acquisition. Staff shall mail notice of the proposed
acquisition tc all Persons on the ISF Subscription Mailing List and the State Engineers Substitute
Supply Plan Notification List for the relevant water division, and shall provide Proper Notice_ Such
notice shall include:
(a ~ The case number adjudicating the water right proposed to be acquired, and the
appropriation date, adjudication date. priority, decreed use(s), and flow amount of the
grater right proposed to be acquired. and approximately how much of the water right the
Board will consider acquiring;
(bi The location of the stream reach or lake that is the subject of the proposal,
including, when available. the specific length of stream reach to benefit from the
proposed acquisition;
(c) Any available information on the purpose of the acquisition_ including the degree of
preservation or improvement of the natural environment to be achieved;
(d) Any available scientific data specifically supporting the position that the acquisition will
achieve the goal of preserving or improving the natural environment to a reasonable
degree: and