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Last modified
8/16/2009 2:57:12 PM
Creation date
10/4/2006 6:48:47 AM
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Board Meetings
Board Meeting Date
1/22/2003
Description
Workshop - Proposed Changes to the Instream Flow Rules
Board Meetings - Doc Type
Other
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<br />, <br /> <br />e <br /> <br />i. Public Review Process. The Board shall follow the public review process in Sections <br />Rules 11.a. - 11.c. j*'ier-when te-acquiring any--water, water rights or interests in <br />water. <br /> <br />J. Board Action to Acquire Water. Water Rights or Interests in Water. The Board shall <br />consider the acquisition during any regular or special meeting of the Board. At the <br />Board meeting the Board shall consider all presentations or comments of Staff or any <br />other person. After such consideration, the Board may acquire, acquire with <br />limitations, or reject the proposed acquisition. <br /> <br />(1) If the Board is acquiring water to preserve or improve the natural <br />environment on a stream where the Board currently holds an ISF water <br />right, and the Board has already determined that a natural environment <br />exists, no further determinations are required. <br /> <br />e <br /> <br />(2) If the Board is acquiring water to preserve or improve the natural <br />environment on a stream where the Board does not currently hold an ISF <br />water right, the Board shall determine that there is a natural environment <br />that can be preserved or improved, in whole or in part, by the acquisition. <br /> <br />In the tl'feR: the Board aoqHtreS water, water rights, or interests in water, the Board may <br />on a ease 13y ease basis make the follewiflg aeterm.matiens: <br /> <br />6.21 :Natllf&l El'lvir0lllnent. That there is a Battlfa~ eB.'ltrOnment that eaR be preser.;ed:in <br />'.'{hole or in paFt 13y the aeCJ:liisitien to ee made. <br /> <br />6.22 MateriallBiury. That the acquisition ean occur v:ithollt material injury to water <br />rights. <br /> <br />k. Water Court Proceeding. In the event that the water, water rights or interests in water <br />acquired by the Board are not decreed for ISF uses to preserve or improve the <br />natural environment to a reasonable degree, the Board may authorize the Attorney <br />General to file a water court application to change the decreed type of use and place <br />of use of the water, water rights or interests in water acquired by the Board, The <br />Board may pursue joint applications to change a water right with the owner of any <br />water, water right, or interests in water. The Water Court shall determine matters <br />that are within the scope of ~ 37-92-305, C.R.S., including injury and the <br />potential impact of the change upon return flows. , or the Board may reqwo the <br />water, water right or interest in water te 13e ehaRged to ISF ases prior t-e aetjllisi.-tion. <br /> <br />e <br /> <br />17 <br />
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