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

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TROVT
UNLIMITED

Andrew Peternell
Colorado Water Project

February 5, 2004

Via Federal Express and Electronic Mail

Mr, Dan Merriman
Colorado Water Conservation Board
1313 Shennan Street, Room 721
Denver, Colorado 80203

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Je1.olftin UJat!r Ccns:rvation Board

RE: Rulemaking for CWCB ISF Rule 6g

Dear Mr. Merriman:

This letter constitutes the comments of Trout Unlimited ("TU") on the proposed changes
to Rule 6g of the Colorado Water Conservation Board ("CWCB") Rules Concerning the
Colorado Instream Flow and Natural Lake Level Program ("ISF Rules").

The CWCB is undertaking this rulemaking to conform Rule 6g, which addresses the
Board's acquisition of temporary ISF rights, to H.B 03-1320, as codified at C.R.S. ~ 37-83-105.
Under the legislation, the CWCS may acquire temporary ISF rights in times of drought or other
declared emergency. During periods of low steam flows, the expeditious implementation of
temporary ISF rights will be extremely important to fisheries and the environment. Because of
the time sensitivity of temporary ISF acquisitions, TU suggests three substantive additions to the
draft Rule 6g proposed in the October 3, 2003 Notice of Public Rulemaking.

First, as is true for the current Rule 6g, through the revised rule the Board should clearly
delegate to the CWCS Director the authority to acquire temporary ISF rights and to take any
administrative action necessary to put acquired water to ISF use. A clear delegation of authority
would prevent confusion in the future as to whether the Director needs Board approval before
acquiring a temporary ISF right. Second, the legislation establishes deadlines for the division
engineer to approve or deny temporary ISF rights but does not set deadlines for CWCB action.
The revised rule should provide a simple procedure for the eWCB to a ddress temporary ISF
rights, under which temporary ISF rights can be implemented expeditiously. Third, if the
Director declines to accept a temporary ISF right that has been approved by the division
engineer, the rule should provide for expedited review ofthat decision by the Board.

Therefore, TU suggests that Rule 6g read as follows:

Trout Unlimited: America's Leading Coldwater Fisheries Conservation Organization
Colorado Office: 1320 Pearl Street, Suite 320, Boulder, Colorado 80302
PHONE: [phone] FAX: [phone] EMAIL: dpeternell@tu,org