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<br />MEMORANDUM <br /> <br />COLORADO WATER CONSERVATION BOARD <br />J. William McDonald <br />Direcror <br /> <br />TO: Members, CWCB <br /> <br />FROM: Bill McDonald, Director <br /> <br />DATE: June 30, 1981 <br /> <br />SUBJECT: Agenda Item 7, July 10, 1981, Board Meeting-- <br />Review of Instream Flow Program Procedures <br /> <br />1. S.B. 414, sent to you earlier in act form, has become law <br />without the Governor's signature. The Governor's message in <br />this regard is enclosed for your information. <br /> <br />2. The act sets forth certain conditions and procedures <br />to which instream flow/natural lake level appropriations <br />shall henceforth be sUbject. I invite your attention to the <br />act proper for an enumeration of these. I will review them <br />briefly at the Board meeting and answer any questions which <br />you may have. <br /> <br />3. In light of the passage of S.B. 414, I believe that it would <br />be desirable for the Board to take this opportunity to adopt <br />standard procedures for initiating, processing, filing, and <br />maintaining instream flow/natural lake level appropria- <br />tions. Although certain aspects of the Board's procedures <br />were formalized by action taken at the September, 1980, <br />meeting, not all of the steps which the staff and the Board <br />go through have been explicitly defined. I therefore <br />recommend that the Board adopt the standard procedures which <br />are enclosed herewith. <br /> <br />4. As you will note, the recommended procedures (see section <br />VII) call for the Director to file statements of <br />opposition. Dennis Montgomery advises that there should be <br />a formal delegation of authority for this purpose. I <br />therefore recommend that the following motion be duly made, <br />seconded, and passed: <br /> <br />Moved, that the Colorado Water Conservation Board <br />hereby delegates to its Director the authority to <br />file statements of opposition in proceedings before <br />the water courts of this state where the Director <br />has reason to believe that an appropriation made by <br />the Board pursuant to section 37-92-102, C.R.S. 1973, <br />as amended, may be injured if an application for a <br />change of water right or plan of augmentation is <br />approved, said delegation of authority to remain in <br />effect until withdrawn by the Board. <br />