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BOARD00192
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Last modified
8/16/2009 2:46:50 PM
Creation date
10/4/2006 6:33:10 AM
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Board Meetings
Board Meeting Date
7/18/2005
Description
ISF Section - Request to Initiate Rulemaking Proceedings
Board Meetings - Doc Type
Memo
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<br />preparing and submitting the necessary documentation to the State and Division <br />Engineers required by sections 37-83-105(2)(a)(I) and (2)(b)(I), c.R.S" and <br />providing the public notice required by section 37-83-105(2)(b)(II), c.R.S, <br /> <br />(2) W :Fer teaRS Gf ToT/ater tG tlle B Clara GB reaeaes Gf stream GB T.?hieh tae <br /> <br /> <br />B Clara aGes Bet Rave a aeereea iBstream flw.? right, the B Clara shall EletermiB0 <br /> <br />whefuer the amOlfRt of \'iater to be loaned for temporary in stream flow Hse is <br />appropriate to preser:e or improve the natHral environment to a reasonable <br />Elegree. <br /> <br />W For loans of water to the Board IN WHICH 013. reaehes of stream 013. <br />whieh fue Board has a deemed instmam flow water right, and the amount of water <br />to be loaned exceeds the decreed amount or decreed stream reach at anytime <br />during the loan term, the Board shall determine whether the amount of water to be <br />loaned for temporary instream flow use above the decreed amount is appropriate <br />to preserve or improve the natural environment to a reasonable <br />degree, <br />(3) For loans of water to fue Board 013. maehes of stream 013. whieh the <br />B sara has a aeereea '.vater right, iIf the State Engineer Hrsf makes a determination <br />of no injury pursuant to section 37-83-105(2)(a)(III), c.R.S" the Board hereby <br />delegates authority to the CWCB Director to accept loans of water for instream <br />flow use not exceeding the decreed amount or decreed stream reach at anytime <br />during the loan term, in accordance with the procedures set forth in section 37-83- <br />105 and to take any administrative action necessary to put the loaned water to <br />instream flow use, The purpose of this delegation is to allow a timely response to <br />offers of loans of water to the Board to meet emergency needs, <br />(4) At the first regular or special Board meeting after the Director accepts <br />or rejects an offer of a loan of water to the Board for temporary instream flow use <br />under (3) above, the Board shall vote either to ratify or overturn the Director's <br />decision, <br />(5) The Board, Director and staff will expedite all actions necessary to <br />implement Rule 6g, <br /> <br />Page 4 of 5 <br />
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