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Statement of Basis and Purpose <br />In 1973, the General Assembly enacted Senate Bill 97, creating the Colorado Instream Flow and <br />Natural Lake Level Program ( "ISF Program ") to be administered by the Colorado Water <br />Conservation Board ( "Board "). The statutory authority for these Rules is found at sections 37- <br />60 -108 and 37 -92 -102 (3), C.R.S. (2002). The purpose of these Rules is to codify and establish <br />Board procedures for the implementation of the Colorado Instream Flow and Natural Lake Level <br />Program. The 2003 amendments to these Rules are intended to implement S.B. 02 - 156, delete <br />rules made obsolete by statutory changes, correct inconsistencies, update procedures, and <br />renumber and reorganize the rules. <br />While many of the 2003 amendments were editorial in nature, several were more substantive. <br />The definition of "CWCB Hearing Officer" was amended to include the Hearing Officer's <br />authority to adjust deadlines and schedules to further parties' settlement efforts, which authority <br />is established in amended Rule 5.53(A). Rule 5 was amended to clarify and make consistent <br />references to "recommendations" and appropriations" and to :require electronic submission of <br />documents where possible. <br />Rule 6 was amended to implement the provisions of S.B. 02 -156 by identifying factors that the <br />Board will consider when determining whether to acquire water, water rights, or interests in <br />water, and by establishing procedures for notice, public input and if necessary, hearings. Rule <br />7.00 (Acquistion of Conditional Water Rights) was deleted in its entirety to reflect House Bill <br />�) 00 -1438, which repealed the Board's authority to acquire conditional water rights. This deletion <br />resulted in the renumbering of the remaining Rules. <br />Rule 8 (formerly Rule 9.00) (Protection of ISF Decrees) was ;upended regarding the filing of <br />statements of opposition to water court applications that may :result in a de minimis impact, and <br />to allow the CWCB to consider injury with mitigation proposals at special board meetings. Rule <br />10 (formerly Rule 11.00) (Enforcement Agreements) was amended to incorporate statutory <br />language from section 37- 92- 102(4)(a), C.R.S. (2002). Rule *11 (formerly Rule 12.00) was <br />amended to recognize exceptions to Rule 12 established by other Rules. <br />