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Last modified
8/16/2009 3:00:55 PM
Creation date
10/4/2006 6:53:58 AM
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Template:
Board Meetings
Board Meeting Date
11/25/2002
Description
ISF Section - Stream and Lake Protection Section Proposed Instream Flow Rulemaking
Board Meetings - Doc Type
Memo
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<br />e <br /> <br />a. Means of Acauisition. The Board may acquire, by gift, grant, purchase, donation. <br />bequest, devise, lease, exchange, or other contractual agreement, from or with any <br />person, including any governmental entity. such water, water rights, or interests in <br />water in such amounts as the Board determines is appropriate may Be reqli1red for <br />miaimam stream flows or for natural surface water levels or volumes for natural <br />lakes to preserve orimorove the natural environment to a reasonable degree. <br /> <br />b. 120 Dav Rule, At the request of any person, including any governmental entity, the <br />Board shall determine in a timely manner, not to exceed one hundred twenty days, <br />unless further time is granted by the requesting person, what terms and conditions <br />the Board will accept in a contract or agreement for the acquisition, by the Board <br />liom SHell person of v,' ateI', water rigAts, or interests in '.yater to be held by the Board <br />f-or miaifn:uu stream flows to preserve the Hatural eR',iroillnont to a reasenable <br />degree. <br /> <br />(b) Trthe Board elects to eombine or stack the aequired water right, the details o1'11ow tho <br />wator rights aro to be eombined ..\:ith other "misting T8F appropriations or <br />acqHisitiens must be set furth in the ehwlge applieatieB for the aeqHirod right. <br /> <br />d. Enforcement of Acauisition Agreement. Pursuant to S 37-92-102(3), C.R.S., (l990), <br />any contract or agreement executed between the Board and any person which <br />provides water, water rights, or interests in water to the Board shall be enforceable <br />by either party thereto as a water matter in the water court having jurisdiction over <br />the water right according to the terms of the contract or agreement. <br /> <br />Conditional 'NateI' Ri"llts, If the Board acqliires eOl1ditional water rights, the Board shall follow <br />tho preyisions of8ectiofls 6.996.30 afld 7.007.14. <br /> <br />e. Appropriateness of an ACQuisition. The Board shall dctermine the <br />appropriateness of any acquisition to preserve or improve the natural <br /> <br />e <br /> <br />14 <br />
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