Laserfiche WebLink
acquired by the Board. The Board may pursue joint applications to change a water right with <br />the owner of any water, water right, or interests in water, or the Board may require the water, <br />water right or interest in water to be changed to ISF uses prior to acquisition. <br />7.00 ACQUISITION OF CONDITIONAL WATER RIGHTS. To acquire conditional water <br />rights, the Board must comply with this section along with the provisions of the preceding <br />Sections 6.00 -6.30. <br />7.10 Acquisition Requirements. The Board may only acquire conditional water rights or change <br />conditional water rights to instream flow uses when the conditions in 7.11 - 7.14 are all satisfied: <br />7.11 Yampa River Basin The conditional water rights are located in the Yampa River Basin and will <br />be used in the recovery of species that have been determined to be threatened or endangered <br />pursuant to the federal "Endangered Species Act ", 16 U.S.C. Sec. 1533; <br />7.12 Recovery Program. The conditional water rights are a recognized component of an ongoing <br />recovery program approved by the federal government to offset jeopardy to a listed species or <br />adverse modification to critical habitat caused by water project depletions; <br />7.13 Benefit Beyond Board ISF Appropriation. The Board has determined that the acquisition of <br />conditional water rights will provide benefits to the recovery program that would not be <br />available through initial appropriation by the Board; and <br />7.14 Subject to Colorado Law. A change of such conditional water rights is subject to all other <br />provisions of Colorado law. <br />8.0 INUNDATION OF ISF RIGHTS Inundation of all or a portion of an ISF stream reach or <br />lake may be an interference with the Board's usufructuary rights that have been acquired by <br />Board action. "Inundation" as used in this section is the artificial impoundment of water within <br />an ISF or natural lake; "inundation" does not refer to the use of a natural stream as a <br />conveyance channel as long as such use does not raise the waters of the stream above the <br />ordinary high watermark as defined in § 37 -87 -102 (1)(e) C.R.S. (1990). <br />8.01 Small Inundations. The Staff shall not be required to file a Statement of Opposition to <br />applications proposing small inundations. Small inundations are those in which the impoundment <br />is 100 acre feet or less, or the surface acreage of the impoundment is 20 acres or less, or the <br />dam height of the structure is 10 feet or less. The dam height shall be measured vertically from <br />14 <br />