BOARD01022

• Board Meeting Date: 1/22/2003
• Description: Workshop - Proposed Changes to the Instream Flow Rules
• Board Meetings - Doc Type: Other

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s. Withdrawal of Filinl!. If the Board elects to withdraw a Water Court filing, notice
shall be given in the agenda of the Board meeting at which the action is expected to
occur,

6. ACOUlSITlON OF WATER, WATER RIGHTS OR INTEREST IN WATER FOR
INSTREAM FLOW PURPOSES. The Board may acquire water, water rights, or interests
in water for ISF purposes by the following procedures:

a, Means of Acquisition. The Board may acquire, by--gi4t, grant, purchase, donation,
bequest, devise, lease, exchange, or other contractual agreement, from or with any
person, including any governmental entity, such water, water rights, or interests in
water in such amounts as the Board determines is appropriate may Be reC:)1tired for
Rlillimum stream flows or for natural surface water levels or volumes for natural
lakes to preserve or improve the natural environment to a reasonable degree.

b. 120 Dav Rule. At the request of any person, including any governmental entity, the
Board shall determine in a timely manner, not to exceed one hundred twenty days,
unless further time is granted by the requesting person, what terms and conditions
the Board will accept in a contract or agreement for the acquisition. by the Board
from sl.loh pemon of water, water rights, or interests in '.vater to be held by thE) BOal'd
for millimmn strOlffil flews te preserve the Batmal 6f1'riremneRt te a reasonaBlo
degree. The 120 day period begins on the day the Board first considers the
proposed contract or agreement.

c, Stacking Evaluation. Prior to the aeqaisition of allY water right, Ttbe Board shall
evaluate whether to combine or stack the acquired water right with any other ISF
appropriation or acquisition in order to aehioye tboprovide flows or lake levels
ReeeSSllrj to preserve or improve the natural environment to a reasonable degree.

(a) f.eEluired water .rights shall not Be eombiaed or stacked with other ISP appropriations
or aeElUisitioll6 in Sli0h a HIaI1fler so as to eoose the total iBStreGlR flO'lI or natural lake
level or '<'ohuBe to exoeed the miaimam flow or laIce level or volume lleeessary t-o
prElser,'e the natliral ElRvirellRlefll tEl a reasonaMe degree.
(bj-If the Board elects to combine or stack the acquired water right, the details of
how the water rights are to be combined with other existing ISF appropriations or
acquisitions must be set forth in the change application for the acquired right.

d. Enforcement of Acquisition Agreement. Pursuant to S 37-92-102(3), C.R.S., (1990),
any contract or agreement executed between the Board and any person which
provides water, water rights, or interests in water to the Board shall be enforceable

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