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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Rulemakinl! Chronolol!V

The CWCB formally initiated the rulemaking process to revise Rule 6g. by publishing a notice of
rulemaking in the November 2003 Colorado Register. The notice provided that the rulemaking
hearing would be held on March 23,24 or 25,2004 (to be determined at the January 2004 CWCB
meeting) in Colorado Springs, and that the final date and location of the hearing would be published
after the January 2004 CWCB meeting.

Subsequently, the Board made changes to the date of its March 2004 meeting which necessitated re-
scheduling and re-noticing the rulemaking hearing.

At its March 2004 meeting, the Board rescheduled the rulemaking hearing for July 21, 2004. A
revised rulemaking notice for both Rule 6g. and 6i. was published in the Colorado Register in May
2004. The revised Rulemaking Notice is attached as Appendix I.

Comments

In response to the first rulemaking notice published in November 2003, staff received comments
from Colorado Trout Unlimited (CTU) and from the Upper Arkansas Water Conservancy District
(UA WCD). No additional comments were received pursuant to publication of the revised
rulemaking notice, Staff replied to the parties' comments in June 2004, and received response
comments from both CTU and UA WCD. All comments and responses are attached as Appendix 2.

Staff has met with CTU and UA WCD to discuss the issues raised in their comments and replies. As
a result, staff is proposing additional revisions to Rule 6g. The revised proposed language for Rule
6g. is as follows:

6g. Temporary Acquisitions. The Board may acquire water for instream flow use
for a period not to exceed 120 days in any basin or county in which the governor has
declared a drought emergency or in which any other emergency is declared, in
accordance with the procedures set forth in section 37-83-105, C.R.S. (2003).

(I) Within seven working days of receiving an offer of water for temporary
instream flow use, staff will provide a preliminary response to the proponent
and if appropriate, will coordinate with the proponent on preparing the
necessary documentation for submittal to the State and Division Engineers.

(2) (a) For temporary acquisitions on reaches of stream on which the Board does
not have a decreed instream flow water right, the Board shall determine
whether the amount of water to be acquired for temporary instream flow use is
appropriate to preserve or improve the natural environment to a reasonable
degree.

(b) For temporary acquisitions on reaches of stream on which the Board has a
decreed instream flow water right and the amount of water to be acquired
exceeds the decreed amount, the Board shall determine whether the amount of
water to be acquired for temporary instream flow use above the decreed
Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
Water Supply Protection. ConselVation Planning