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Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
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Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
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Last modified
6/17/2010 2:39:21 PM
Creation date
6/16/2010 2:27:29 PM
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Water Supply Protection
Description
RICD
State
CO
Date
10/28/1999
Title
Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
Water Supply Pro - Doc Type
Report/Study
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5.55(D) The hearing shall be recorded by a reporter or by an electronic recording device. Any <br />Parry requesting a transcription of the hearing shall be responsible for the cost of the <br />transcription. <br />5.56 Final Board Action The Board may take final action at the hearing or at a later date. <br />5.60 Statement of Opposition In the event that any person files a Statement of Opposition to an ISF <br />water right application in Water Court, the Staff may agree to terms and conditions that would <br />prevent injury. Where the resolution of the Statement of Opposition does not involve a change <br />regarding the Board's determinations under Rule 5.40, (including but not limited to amount, <br />reach, and season) the Board is not required to review and ratify the resolution. Staff may <br />authorize its counsel to sign any court documents necessary to finalize this type of pretrial <br />resolution without Board ratification. <br />5.61 If the Board elects to withdraw a Water Court filing, notice shall be given in the agenda of the <br />Board meeting at which the action is expected to occur. <br />6.0 ACQUISITION OF WATER, WATER RIGHTS OR INTEREST IN WATER FOR <br />INSTREAM FLOW PURPOSES The Board may acquire water, water rights, or interest <br />in water for ISF purposes by the following procedures: <br />6.01 Means of Acquisition. The Board may acquire, by gift, grant, purchase, bequest, devise, lease, <br />exchange, or other contractual agreement, from or with any person, such water, water rights, or <br />interests in water as the Board determines may be required for minim stream flows or for <br />natural surface water levels or volumes for natural lakes to preserve the natural environment to a <br />reasonable degree. <br />6.02 120 Day Rule. At the request of any person, including any governmental entity, the Board shall <br />detemune in a timely manner, not to exceed one hundred twenty days unless further time is <br />granted by the requesting person, what terms and conditions the Board will accept in a contract <br />or agreement for the acquisition by the Board from such person of water, water rights, or <br />interests in water to be held by the Board for minim stream flows to preserve the natural <br />environment to a reasonable degree. <br />6.03 Stacking Evaluation. Prior to the acquisition of any water right, the Board shall evaluate <br />whether to combine or stack the acquired water right with any other ISF appropriation or <br />acquisition in order to achieve the flow necessary to preserve the natural environment to a <br />reasonable degree. <br />12 <br />
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