BOARD01568

• Board Meeting Date: 5/19/2003
• Description: Agenda
• Board Meetings - Doc Type: Agenda

begins on the day the Board first considers the proposed contract or agreement at a .
regularly scheduled or special Board meeting.

6c. Stackilllz Evaluation. The Board Shall evaluate whether to combine or slack the
acquired water right with any other ISF appropriation or acquisition in order to
provide flows or lake levels to preserve or inlprove the natural environment to a
reasonable degree.

If the Board elects to combine or stack the acquired water right, the details of how
the water rights are to be combined or stacked with other existing ISF appropriations
or acquisitions must be set forth in the change application for the acquired right.

6d. Enforcement of Acouisition Aareement. Pursuant to section 37-92-102(3), C.R.S.,
any contract or agreement executed between the Board and any person which
provides water, water rights, or interests in water to the Board shall be enforceable by
either party thereto as a water matter in the water court having jurisdiction over the
water right according to the tenns ofthe:contract or agreement.

6e. Appropriateness of an Acauisition. The Board shall evaluate the appropriateness of
any acquisition of water, water rights, or interests in water to preserve or improve the
natural environment. Such evaluation may include, but need not be limited to
consideration of the following factors:

. the reach of stream or lake level for which the use of the acquired water is
proposed, which may be based upon anyone or a combination of the
following: the historical point of return flow; the length of the existing
instream flow reach, where applicabll'i the environment to be preserved or
improved by the proposed acquisition; or such other factors the Board
may identifY.
. the natural flow regime,
. any potential material injury to existing decreed water rights,
. the historical use and historical return flow patterns of the water right
proposed for acquisition,
. the natural environment that may be preserved or improved by the
proposed acquisition,
. the location of other water rights on the subject stream,
. the effect of the proposed acquisition on any relevant interstate compact
issue,
. the effect of the proposed acquisition on the maximum utilization of the
waters of the state,
. whether the water acquireil will be available for subsequent use
downstream, .
. and/or the cost to complete the transal,tion or any other associated costs.

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The Board shall also determine how to hest utili2:e the acquired water, water rights or
interest in water to preserve or improve the natural environment.

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