BOARD02232

• Board Meeting Date: 7/20/2004
• Description: ISF Section - Rulemaking Hearing - Proposed Changes to ISF Rules 6g and 6i
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

Russell George
Executive Director

TO:

CWCB Members

Rod Kuharich
CWCB Director

FROM:

Dan Merriman
Anne Janicki

Dan McAuliffe
Deputy Director

DATE: July 6, 2004

SUBJECT: July 21, 2004 Rulemaking Hearing -- Proposed Changes to ISF Rules 6g. and 6i.

The "Rules Concerning the Colorado Instream Flow and Natural Lake Level Program" were last
modified in March 2003 to accommodate statutory changes brought about by the passage of SB 02-
156.

During the 2003 session, the legislature passed HB 03-1320 concerning temporary acquisitions of
water rights for instream flow purposes, HB 1320 allows water right owners in basins or counties
where the Governor has declared a drought or other emergency to convey water rights to the Board
for instream flow use for a period not to exceed 120 days. At its September 2003 meeting, the Board
directed staff to initiate rulemaking to ensure the Instream Flow Rules comport with the new
legislation, and approved a rulemaking schedule.

Additionally, in the course of staffs work on the proposed Elkhead Reservoir water right
acquisition, it became apparent that Rule 6i. should also be revised to address potential problems
with timing and deadlines related to CWCB hearings on water rights acquisitions. The current Rule
6i. effectively establishes a three-meeting process for acquisitions when a hearing is involved.
While this process complies with the statutory requirement that the CWCB determine what terms
and conditions it will accept in a contract for an acquisition within 120 days from its initial review of
the request, in some situations, the process could be completed more quickly and it might be
advantageous to both the CWCB and the person proposing the acquisition to finalize an acquisition
within a two~meeting time frame. At its March 2004 meeting, the Board directed staff to initiate
rulemaking for Rule 61. to allow for quicker processing of proposed acquisitions while retaining the
existing notice and comment procedure. '

At this rulemaking hearing, Staff is proposing changes to ISF Rules 6g, and 6i. to reflect the new
legislation and to streamline the acquisition process.

Flood Protection. Watee Supply Planning and Finance. Stream and Lake Protection
Wate! Supply Protection. Conservation and Drought Planning