BOARD01201

• Board Meeting Date: 1/27/2004
• Description: ISF Section - ISF Rulemaking, Rule 6g - Selection of Hearing Date, Time and Place
• Board Meetings - Doc Type: Memo

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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.os

MEMORANDUM

Bill Owens
Governor

Russell George
Executive Director

To:

Members, CWCB

Rod Kuharich
CWCB Director

From:

Dan Merriman
Anne Janicki

Dan McAuliffe
Deputy Director

Date:

January 12,2004

Subject:

Agenda Item 2 - January 27-28, 2004 Board Meeting
Stream and Lake Protection Section
JSF Rulemaking, Rule 6g - Selection of Hearing Date, Time .and Place

During the 2003 session, the legislature passed HB 1320 concerning temporary acquisitions of water
rights for instream flow purposes. HB 1320 allows water right owners in basins or counties where
the governor has declared a drought or other emergency to convey water rights to the Board for
instream flow use for a period not to exceed 120 days. At its September 2003 meeting, the Board
directed staff to initiate rulemaking to ensure the Instream Flow Rules comport with the new
legislation, and approved a rulemaking schedule.

Staff has proposed that the current Rule 6g. be deleted in its entirety and replaced with the following:

6g. Temporarv Acquisitions. The Board may acquire water for instream flow use for a
period not to exceed 120 days in any basin or county in which the governor has declared
a drought emergency or in which any other emergency is declared, in accordance with
the procedures set forth in section 37-83-105, C.R.S. (2003).

The proposed rule was published in the November 2003 CCR and was posted on the CWCB
website. Written comments are due February 6th and the pre-hearing conference is scheduled for
February 23rd. The published Notice indicated that the Rulemaking Hearing would be held in
conjunction with the March 2004 Board meeting, but the exact date and time have not yet been
determined.

Staff Recommendation

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

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