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<br />. <br /> <br />I <br /> <br />. <br /> <br />. <br /> <br />Proposed Amendments to the Statement of Basis & Purpose <br /> <br />Section 6 - Acquisition of Water Rights or Interests in Water <br /> <br />Acquisition of water, water rights, or interests in water is provided for in 9 37-92-102(3), <br />C.R.S. (1990). The Board interprets this statutory power as authorizing the acquisition of water, <br />water rights or interests in water in fee or any lesser interests. The acquisitions may be made <br />incrementally and therefore the discretionary determinations made by the Board in Sections 6.21 and <br />6.22 recognize that the natural environment will be preserved in whole or in part by the acquisition. <br />These determinations allow the Board to acquire water rights as the rights become available even <br />though the acquired right may not preserve the natural environment if standing alone. The Board <br />also interprets this power to authorize the acquisition of both absolute and conditional water rights; <br /> <br />r~~RR6r~fli!~llli~_RIIII~'\\1lr1~~~~~~!~!g~~~~~!~'!'~~~'~l~!~ <br /> <br />ii:22 may be marle althe Boarrl'sdlscretion buiare not required by statute. If the Board acquires <br />water, water rights and/or interests in water which are not decreed for "instream uses to preserve the <br />natural environment to a reasonable degree," then the Board may authorize the Attorney General to <br />file a change of water right application to add these uses. <br /> <br />Section 6.03 concerns the stacking of ISF rights. The stacking issue was addressed so as <br />to prohibit the Board from combining water from numerous ISF rights if to do so would exceed the <br />minimum amouot of water necessary to preserve the natural environment to a reasonable degree. <br />The minimum amount necessary may be the decreed instream flow or in the event that no flow has <br />been decreed it would be the amouot stated by the Board in its action to acquire water, water rights <br />or interests in water. The stacking question is particularly important when the Board has an existing <br />junior instream flow decree for a stream reach and then acquires a senior water right on the same <br />stream reach. In this instance, the Board shall operate acquired rights in combination with other ISF <br />water rights to maintain that amouot of water necessary to preserve the natural environment to a <br />reasonable degree. <br /> <br />Section 7 - Acquisition of Conditional Water Rights <br /> <br />ISF rights appropriated or acquired by the Board are recognized as a beneficial use of water <br />by both statute and case law, however, in administering the ISF Program the Board has been charged <br />with the responsibility to balance its use of water for the ISF Program with other activities of <br />mankind. <br /> <br />Acquisition of conditional rights has the potential to disrupt opportunities to develop or <br />utilize junior water rights for consumptive beneficial use in a river basin. This is especially true <br />when the conditional right to be acquired faces financial, regulatory or other practical obstacles to <br />its eventual development. Due to the potential impact of such acquisitions, the Beara eH <br />Noyember 11, 1991, aaellted iateriffi guideliHes whieh deBaee Beard lleliey at the time eeHeemiag <br />ae~liisiti8RS that may eeel::H' flrier t8 the aasptieR ef 1-aese regHlatieas. These rules aRe) regalatisas <br />slljl~fsede ilie iaterim guideliaes. <br /> <br />The sigHiBelHlt aegative effeet llIHIIysis required by SeetieH 7.29 is aeeess!!r)' fer the Beard <br />te be aele te Iliel iH the JlreteetieH llIle eevelsJlment ef the waters ef the state aRe te SafCgWlra ilie <br />. eeflslffilptiYe beaeBeial uses sf water reserveel te the JlesJlle sf the State sf Cslsraele by la'll aReI <br /> <br />-5- <br />