BOARD01180

• Board Meeting Date: 11/20/2000
• Description: ISF Section - Regional Flow Discussion of Next Steps
• Board Meetings - Doc Type: Memo

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+ No staffing eoneerns.
Coneerns regarding Colorado's compaet entitlements.
Entities could still attempt to use ICDs to eontrol and/or prevent upstream water development, growth,
and land use.
+ No legislative change would be required.
+ State Engineer's Offiee and other entities eould raise reasonableness issues.

Fine-tuninl! the statute
1. Leave the statute alone
+ No legislative ehange would be required.
Concerns regarding Colorado's eompaet entitlements.
Entities eould still attempt to use ICDs to control water development, growth, and land use.
+/- See solutions, issues, and eoneerns, as stated above.
+/- There is no eonsensus from the affeeted water eomrnunity.

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2. Legislative fix. Delete the following words from the definition of diversion. "'Diversion' or
'divert' means removing water from its natural course or location or eODtrolliBg wRter iD its
DRtUl'll1 eOUFSe 9r loeRtioR, by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit,
well, pump, or other structure or device."
Prevents proteetion ofICDs altogether.
Requires legislation.
+ Prevents ICDs from being used to allow export of Colorado's water.
+ Prevents entities from using ICDs to eontrol water development, growth, and land use.
+/- If the public, or sectors oflhe publie, demand that ICDs and URlSFs are to be made available to
preserve the reereational and biologieal opportwlities on and in Colorado's streams, the change in state
may have to designate the responsibility entity for filing, holding, administering, and defending those
water rights.
+/ - If the change in statute designates the entity that would hold sueh rights, eriteria for determining the
need for the righls and other parameters related to those rights would have to be developed through an
administrative proeess.
+/- There is no eonsensus from the affected water eommunity.

3. Legislative fIX. Expand CWCB's authority to enable it to appropriate RISFs.
- Requires legislation.
+ Permits boating flows to be proteeted.
- Limits munieipalities rights to appropriate ICDs and eoordinate their different types of water use.
- Unless additional CWCB staffFTEs are provided, this would add strain on existing resourees.
- Issues regarding liability and cost of construetion of kayak eourses.
+/- If the ehange in statute designates the entity that would hold sueh rights, erileria for determining the
need for the rights and other parameters related to those rights would have to be developed through an
administrative proeess.

4. Legislative fix. Adopt legislation that explicitly clarifies that export statutes apply to ICDs.
- Requires legislation.
+ Prevents ICDs from being used to allow export of Colorado's water.
- Entities eould still use ICDs to eontrol water development, growth, and land use.

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Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply ProtectioJ1 . Conservation Planning