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<br />v, Jacobs, 737 P,2d 816,819 (Colo,1987); see also, e,g, , Lazukv. School Dist. No, 1, City and <br />County of Denver, 22 P.3d 548 (Colo.App.2000); Wheeler v. School District No. 20, 535 P .2d <br />206 (Colo, 1975). ' <br /> <br />In addition to recognizing the trend towards allowing for greater delegation of authority, <br />the Colorado courts have also held that where the delegating agency retains authority to review <br />the subordinate's decision, there is no unlawful delegation. For example, in Craddock v. State <br />Boardfor Community Colleges and Occupational Education, 768,P.2d 716 (Colo,App.1988), the <br />court considered whether the state agency had unlawfully delegated to subordinate officers its <br />authority to terminate the employment of faculty members. The court decided that because the <br />board retained authority to review the terminations, there was no unlawful delegation of <br />authority, Id at 717. . <br /> <br />Under TU's suggested version of Rule 6g, the Director would have authority to accept <br />and implement temporary loans of water for ISF purposes, thereby facilitating the expeditious <br />implementation oftemporary ISF rights, which is critical to stream health during drought <br />emergencies, Importantly, because the Board would review every decision of the Director on <br />temporary ISF loans, this arrangement would be lawful under the legal theory articulated in <br />Craddock and would provide the Board with the assurance that it wi\1 have the ultimate authority <br />to accept or reject a loan. Moreover, under TU's suggested rule, both the Board and the Division <br />of Water Resources would have adequate opportunity to analyze potential ISF loans and to <br />consider injury to other water rights, <br /> <br />TU appreciates the opportunity to participate in the CWCB's revision to the ISF Rules, I <br />have included twenty copies of this letter for you to provide to members of the Board and <br />interested CWCB staff. <br /> <br /> <br />- <br /> <br />Andrew Peternell <br />Staff Attorney <br /> <br />cc: CWCB Members (by Dan Merriman) <br />Linda Bassi <br />Julianne Woldridge <br /> <br />2 <br />