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<br />BEFORE THE COLORADO WATER CONSERVATION BOARD <br /> <br />COMMENTS OF COLORADO WATER CONSERVATION BOARD'S STAFF <br /> <br />IN THE MATTER OF AMENDMENTS TO THE RULES CONCERNING THE <br />COLORADO INSTREAM FLOW AND NATURAL LAKE LEVEL PROGRAM <br /> <br />The Staff of the Colorado Water Conservation Board submits the following <br />comments on the proposed revisions to Rules 6g and 6i of the Rules Concerning the <br />Colorado Instream Flow and Natural Lake Level Program ("ISF Rules"). <br /> <br />On February 6,2004, Trout Unlimited ("TU") and the Upper Arkansas Water <br />Conservancy District ("District") filed written comments on the proposed revisions to <br />ISF Rule 6g. TU and the District have not commented on the proposed revisions to ISF <br />Rule 6i, Both TU's and the District's comments on Rule 6g pertain to the procedures the <br />CWCB will follow to (I) obtain the State and Engineers' approval of temporary use ofa <br />loaned water right for instream flow ("ISF") use and (2) accept a proposed loan of a <br />water right. Both parties have suggested adding provisions to Rule 6g describing or <br />changing the procedures the CWCB will follow. The District has suggested that the <br />CWCB adopt and follow different procedures from those set forth in H,B. 03-1320 <br />(codified at section 37-83-105(2), c.R.S. (2003)), The District's comments appear to be <br />an expression of its dissatisfaction with H.B. 1320. However, this rulemaking must <br />implement the law as written. <br /> <br />Staff recommends that the CWCB adopt Rule 6g as proposed:. <br /> <br />6g, Temporary Acquisitions. The Board may acquire water for instream flow <br />use for a period not to exceed 120 days in any basin or county in which the <br />governor has declared a drought emergency or in which any other <br />emergency is declared, in accordance with the procedures set forth in <br />section 37-83-105, c.R.S. (2003). <br /> <br />I, Because the General Assembly carefully balanced competing considerations in <br />adopting the procedures for State and Division Engineer approval of temporary <br />ISF use in H.B. 1320, Rule 6g should implement those procedures. <br /> <br />The District has expressed concern that the procedures set forth in H,B. 1320 for the <br />State and Division Engineers' evaluation of a loan of a water right for ISF use are not <br />sufficient to effectively determine if other water rights will be injured by that use. <br />(District comments # 2 through 5). However, the General Assembly heard a significant <br />amount of testimony from the State Engineer and water users regarding the amount of <br />time allotted to the State and Division Engineers for review and approval. The legislators <br />heard testimony and balanced the need to put a loaned water right to use quickly to <br />