BOARD01442

• Board Meeting Date: 5/22/2000
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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5.40 Required Findings. Before initiating a water right filing to confirm its appropriation, the
Board must make the following determinations:

5.40(A) Natural Environment. That there is a natural environment that can be preserved
to a reasonable degree with the Board's water right if granted.
5.40(B) Water Availabilitv. That the natural environment will be preserved to a
reasonable degree by the water available for the appropriation to be made.
5.40(C) Material Injurv. That such environment can exist without material injury to
water rights.

These determinations 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 S 24-4-106(6) and (7), C.R.S. (1999).

STAFF RECOMMENDA nON

F or each stream listed in the attached List of ISF Recommendations, the staff recommends that
the Board:

(I)

Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendation
of the BLM, a review of the data and other information presented by the staff, in this
memo and orally, and the staffs recommendation for instream flow appropriations on the
streams identified; that:

(a) A natural environment does exist on each stream;
(b) Water is available in each stream for appropriation;
(c) The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriations;
(d) There is a natural environment that can be preserved to a reasonable degree with
the recommended water rights, if granted; and
(e) Such natural environment can exist without material injury to water rights.

(2) Date of Appropriation, pursuant to Rule 5.23, staff recommends the Board choose
January 26, 2000, the date the Board declared its intent to appropriate, as the Date of
Appropriation.

(3) Request the Attorney General's Office to file the necessary water rights applications.

Attachment

may_FinaCaction.mem

Flood Control and Floodplain Management -Larry Lang, Chief. Water Project Planning and Construction- Mike Serlet, Chief.
Instream Flows and Water Rights Investigations-Dan Merriman, Chief. Interstate Streams Investigations-Randy Seaholm, ~hi~f.
Office of Conservation Planning-William Stancon, Chief- Personnel and Budget -Susan Maul, Chief