BOARD00192

• Board Meeting Date: 7/18/2005
• Description: ISF Section - Request to Initiate Rulemaking Proceedings
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of NaturaI Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX, [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Members, CWCB

Russell George
Executive Director

From:

Anne Janicki
Dan Merriman

Rod Kuharich
CWCB Director

Date:

July 7,2005

Rick Brown
Acting Deputy
Director

Subject:

Agenda Item 12 n Stream and Lake Protection Section
Request to Initiate Rulemaking Proceedings

Backl!round

In July 2004, the Board adopted amendments to the "Rules Concerning the Colorado Instream Flow
and Natural Lake Level Program". The adopted Rules implemented HB 04-1320 by adding a
provision for temporary loans of water to the Board for instream flow use during a drought or other
emergency. (Rule 6g. - Temporary Loans of Water to the Board). This last session, the legislature
passed HB 05-1039 "conceming the conditions pursuant to which loans of water rights may be made
for instream flow purposes." This new legislation removed the drought declaration requirement for
loans, limited the exercise of a loan to no more than three years in any ten year period, and provided
a process for parties to comment on potential injury after each year a loan is exercised. The current
Rule 6g will need to be amended to reflect the changes relevant to the ISF Rules.

Attached to this memo is a copy of HB 05-1039, a proposed, revised rule, a Notice of Rulemaking
Hearing, and a proposed rule making schedule. Staff expects to publish the rulemaking notice in the
September 2005 CCR and to hold the rulemaking hearing in conjunction with the November 2005
CWCB meeting.

Staff Recommendation

Staff recommends that the Board 1) approve the proposed, revised rule and attached rulemaking
schedule, and 2) authorize staff to initiate rulemaking to modifY Rule 6g. ofthe ISF Rules by
publishing the attached Notice of Rulemaking.

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning