BOARD01298

• Board Meeting Date: 3/24/2003
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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provisions of Section 24,4-106 (7), C.R.S, Appellate review of the court's
order shall be as allowed in other water matters,

(c) The Board's determinations regarding the matters to be determined by the Board
under paragraph (c) of subsection (3) of this section and paragraph (d) of this
subsection (4) for new appropriations shall be subject to judicial review in the water
court application and decree proceedings initiated by the Board, based on the
Board's administrative record and utilizing the criteria of Section 24-4-106 (6) and
(7), C,R,S, The Board may file applications for changes of water rights and
augmentation plans, and the water court shall determine matters that are within the
scope of Section 37,92,305,

(d) The Board may participate in the recovery implementation program for endangered
fish species in the upper Colorado river basin and appropriate and obtain decrees for
minimum instream flows or natural lake levels, including decree provisions for
modification and enforcement, the implementation of which shall not be subject to
paragraph (b) of this subsection (4), as it determines will preserve the natural
environment of the Colorado river endangered fish within Colorado to a reasonable
degree while protecting existing uses within Colorado and not depriving the people of
the state of Colorado of the beneficial use of those waters available by law and
interstate compact.

(e) Sub-subparagraphs (A) and (C) of subparagraph (II) of paragraph (b) of this
subsection (4) shall not apply to the Board's consideration of any proposed decrease
which was included in a meeting notice and agenda issued by the Board prior to May
23, 1996 whether or not the Board had scheduled or taken any action on the
proposal by such date, Sub-subparagraph (D) of subparagraph (II) of paragraph (b)
of this subsection (4) shall not apply to such a proposal as long as the Board
establishes fair and formal procedures pursuant to such sub-subparagraph (D) at or
before the first public meeting thereon for any subsequent public meeting, including
the opportunity for reasonable disclosure, discovery, subpoenas, direct examination,
and cross examination of witnesses, All other provisions in paragraph (b) of this
subsection (4) shall apply to any decrease after May 23, 1996,

(5) Within thirty days after initiating any water rights filing for the adjudication of a recreational
in,channel diversion, any county, municipality, city and county, water district, water and
sanitation district, water conservation district, or water conservancy district shall submit a copy
of the water rights application to the board for review,

(6) (a) Following a public hearing, if requested by any party, the board shall make findings
of fact and a final recommendation as to whether the application should be granted,
granted with conditions, or denied,

(b) In determining whether the board shall recommend that the water court grant, grant
with conditions, or deny such application, the board shall consider the following
factors and make written findings thereon:

(I) Whether the adjudication and administration of the recreational in-channel
diversion would impair the ability of Colorado to fully develop and place to
consumptive beneficial use its compact entitlements;

(II) The appropriate reach of stream required for the intended use;