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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 />(1) If the Board is ae(]uiring water to preserve or improve the natural environment on <br />a stream where the Board currently holds an instream now water right the Board <br />has alreadv determined that a natural environment exists, and no further <br />determinations are req uired . <br /> <br />(2) If the Board is acquiring water to preserve or improve the natural environment on <br />a stream where the Board does not eUITently hold and instream flow water right, <br />the Board shall detennine that there is a natural environment that can be preserved <br />or improved, in whole or in par(, bv tIle acquisition. <br /> <br />]n the event the Board acquires water, water rights, er interests in water, the Board may <br />011 a ease by ease basis make the R)llewing deterrni11ations: <br /> <br />8.21 Natural Enviromne11l. Tkat there is a:natlolral environment that can be proser/ed in <br />wholo or in part by t11e aequisitioll to be Inade. <br /> <br />6.22 Material Iniury. That the aeqRisitio!1 ean oeeRr withoRt material injury to water <br />fights. <br /> <br />k. Water Court Proceeding. In the event that tho water, water rights or interests in water _ <br />acquired by the Board are not decreed for ISF uses to preserve or improve the natural ., <br />environment to a reasonable degree, the Board may authorize the Attorney General <br />to file a water court application to change the decreed type of use and place of use of <br />the water, water rights or interests in water acquired by the Board. The Board may <br />pursue joint applications to change a water right with the owner of any water, water <br />right, or interests in water. The Water Court shall detelmine matters that are within <br />the scope of ~ 37-92-305, C.R.S.. including iniurv and the potential impact of the <br />change upon return flows. , or tae Board may require the water, water right or <br />i11terest in "vater to be changed to ISF uses prier to acquisitiell. <br /> <br />7.00 ACOUISITION OF CONDITIONAL W1'.TER RICHTS. To aeqllire conditional <br />wator rights, the Beard Imtst eelllj'lly with this seetieR aleng with the provisiens of the <br />preceding Seetions 6.00 8.30, <br /> <br />7, 1 0 }.eallisitiel1 Rea Rirements. The Board 111ay anly acquire conditional ',ylHer rights 01' <br />change cenditional water rights to instrealH !low Rses ..'(hen the conditiofls in 7.11 /,14 <br />are all satisfied: <br /> <br />e <br /> <br />16 <br />
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