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<br />e <br /> <br />e <br /> <br />e <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866,3441 <br />FAX: (303) 866,4474 <br />www,cwcb.state,co.u5 <br /> <br />e <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />GregE.Walcher <br />Executive Director <br /> <br />To: <br /> <br />Members, CWCB <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />From: <br /> <br />Dan Merriman <br />Anne Janicki <br /> <br />Date: <br /> <br />November 14,2002 <br /> <br />Subject: <br /> <br />Agenda Item 9 - Stream and Lake Protection Section <br />Proposed Instream Flow Rulemaking <br /> <br />Back2round <br /> <br />The "Rules Concerning the Colorado Instream Flow and Natural Lake Level Program" were last <br />modified in 1999 to accommodate statutory changes brought about by the passage of SB 96-64. <br />Since that time, the legislature has passed two additional pieces of legislation that directly affect <br />administration of the Instream Flow Program. In 2000, the Colorado House passed lIB 00-1438 <br />which repealed the Board's authority to acquire conditional water rights, And most recently, the <br />Senate passed SB 02-156 which broadened the Board's authority to acquire water rights under the <br />Instream Flow Program. <br /> <br />As a result of these changes, staffis recommending that the ,current Rules be updated. Specific <br />changes are recommended for Rules 6 and 7 which address the acquisition of water rights. In <br />addition, staff will use this opportunity to make some editoriall"clean-up" changes in order to <br />clarify certain rules, delete outdated provisions and revise the numbering format <br /> <br />Attached to this memo is the staff's draft of the proposed revisions along with a proposed <br />rulemaking schedule. No comments are requested at this time on the rules. This draft is being <br />provided solely to allow Board members adequate time to review the proposed changes. Staffwill <br />contact each Board member during the week of December 9th to solicit input on the draft rules. <br />Board comments will be incorporated into a revised public draft for submission to the Secretary of <br />State's Office for publication, along with the notice of rulemaking, on December 20, 2002. <br /> <br />Staff will hold an informal workshop in conjunction with the January 2003 Board meeting to <br />discuss the proposed rule changes. Under the proposed schedule, the Prehearing Conference will be <br />