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BOARD01298
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Last modified
8/16/2009 2:59:51 PM
Creation date
10/4/2006 6:52:48 AM
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Template:
Board Meetings
Board Meeting Date
3/24/2003
Description
ISF Section - Instream Flow Appropriations
Board Meetings - Doc Type
Memo
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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />on the date of such appropriation, whether or not previously confirmed by court order <br />or decree, <br /> <br />(c) Before initiating a water rights filing, the Board shall determine that the natural <br />environment will be preserved to a reasonable degree by the water available for the <br />appropriation to be made; that there is a natural environment that can be preserved <br />to a reasonable degree with the Board's water right, if granted; and that such <br />environment can exist without material injury to water rights, <br /> <br />(c,5) Notwithstanding section 37-92,103 (6), as to any application filed by the <br />Board on or after July 1, 1994, the Board may not acquire conditional water rights <br />or change conditional water rights to instream flow uses, <br /> <br />(d) Nothing in this section is intended or shall be construed to allow condemnation by <br />this state or any person of easements or rights,of-way across private lands to gain <br />access to a segment of a stream or lake where a water right decree has been <br />awarded to the Colorado Water Conservation Board, <br /> <br />(e) All recommendations, including those of the United States, which are transmitted to <br />the Board for water to be retained in streams or iakes to preserve the natural <br />environment to a reasonable degree must be made with specificity and in writing in <br />order that any appropriation made by the Board may be integrated into the statewide <br />system for the administration of w~ter rights. Filings for appropriations by the Board <br />shall be consistent with other appropriations and with the requirements of this article, <br /> <br />(4) Any appropriation made pursuant to subsection (3) of this section shall also be subject to <br />the following principles and limitations: <br /> <br />(a) Utilizing a public notice and comment procedure, the Board, in its discretion, may <br />determine whether or not to appropriate minimum stream flows or natural lake levels, <br />or decrease such an appropriation, to preserve the natural environment to a <br />reasonable degree, The Board may adopt conditions attached to an appropriation or <br />decreased appropriation, may file or withdraw statements of opposition in water court <br />cases, and enter into stipulations for decrees or other forms of contractual <br />agreements, including enforcement agreements, that it determines will preserve the <br />natural environment to a reasonable degree, All contractual agreements and <br />stipulations entered into by the Board prior to May 23, 1996, reg~rding enforcement <br />of its appropriations shall be given full force and effect. Any increase to an existing <br />minimum stream flow or natural lake level appropriation or decree shall be made as <br />a new appropriation, <br /> <br />(b) (I) Except as provided pursuant to paragraph (d) of this subsection (4), if the <br />Board determines that it is appropriate to consider decreasing an existing <br />decreed appropriation, the Board shall proceed through an adequate pUblic <br />notice and comment process to consider such decrease at a public meeting, <br /> <br />(II) For the purposes of this paragraph (b), "adequate pUblic notice and comment <br />process" shall include the following: <br />
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