BOARD00611

• Board Meeting Date: 9/13/2005
• Description: ISF Section - ISF Rule 6g Proposed Rulemaking
• Board Meetings - Doc Type: Memo

~

oj

.

.

.e

STATE OF COLORADO

Colorado Water Conservation Board

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

MEMORANDUM

Bill Owens
Governor

Russell George
Executive Director

To:

Members, CWCB

Rod Kuharich
CWCB Director

From:

Anne Janicki

Dan McAuliffe
Deputy Director

Date:

August 30, 2005

Subject:

Agenda Item 19 - September 13-14, 2005 Board Meeting
Stream and Lake Protection Section
ISF Rule 6g Proposed Rulemaking

During the 2005 session, the legislature passed HB 05-1039 "concerning thc conditions pursuant to
which loans of water rights may be made for instream flow purposes." HB 1039 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. At its July 2005 meeting, the Board directed staff to initiate rulemaking to
ensure the Instream Flow Rules comport with the new lcgislation, and approved a rulemaking
schedule.

The proposed Rule 6.g. was published in the September 2005 CCR and was posted on the CWCB
website. Written comments are due October 10th and the pre-hearing conference is scheduled for
October 19th. The published Notice (attached) indicates that the Rulemaking Hearing will be held in
conjunction with the November 2005 Board meeting, but the exact date and time have not yet been
detennined.

Staff Recommendation

Staff recommends that the Board schedule a date, time and location for the Rulemaking Hearing, and
appoint a Hearing Officcr for the proceedings.

Attachment

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