BOARD01568

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

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Statement oiBas!s and Purpose

In 1973, the General Assembly enacted Senate Bill 97, creating the Colorado Instream Flow and
Natural Lake Level Program ("ISF Program") to be administered by the Colorado Water
Conservation Board ("Board"), The statutory authority for these Rules is found at sections 37-
60-108 and 37-92-102 (3), C.RS. (2002), The purpose of these Rules is to codifY and establish
Board procedures for the implementation of the Colorado Instream Flow and Natural Lake Level
Program. The 2003 amendments to these Rules are intended to implement S.B. 02-156, delete
rules made obsolete by statutory changes, correct inconsistencies, update procedures, and
renumber and reorganize the rules.

While many of the 2003 amendments were editorial in nature, several were more substantive.
The definition of "CWCB Hearing Officer" was amended to include the Hearing Officer's
authority to adjust deadlines and schedules to further parties' settlement efforts, which authority
is established in amended Rule 5.53(A), Rule 5 was amended to clarify and make consistent
references to "recommendations" and appropriations" and to require electronic submission of
documents where possible.

Rule 6 was amended to implement the provisions of S.B. 02-156 by identifying factors that the
Board will consider when detennining whether to acquire water, water rights, or interests in
water, and by establishing procedures for notice, public input" and if necessary, hearings, Rule
7.00 (Acquistion of Conditional Water Rights) was deleted in its entirety to reflect House Bill
00-1438, which repealed the Board's authority to acquire conditional water rights, This deletion
resulted in the renumbering of the remaining Rules.

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Rule 8 (formerly Rule 9,00) (protection ofISF Decrees) was :unended regarding the filing of
statements of opposition to water court applications that may result in a de minimis impact, and
to allow the CWCB to consider injury with mitigation proposals at special board meetings. Rule
10 (formerly Rule 11.00) (Enforcement Agreements) was amcmded to incorporate statutory
language from section 37-92-102(4)(a), C.RS, (2002), Rule 11 (formerly Rule 12.00) was
amended to recognize exceptions to R.ule 12 established byother Rules,

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