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

Proposed Changes to Rule 6 of the Colorado Water Conservation Board's
"RULES CONCERNING THE COLORADO INSTREAM FLOW AND NATURAL LAKE
LEVEL PROGRAM"
Adopted on March 24, 2003

6. ACOUlSITION OF WATER.. WATER RIGHTS OR INTEREST IN WATER FOR INSTREAM
FLOW PURPOSES, The Board may acquire water, water rights, or interests in water for ISF
purposes by the following procedures:

6a. Means of Acquisition, The Board may acquire, by grant, purchase, donation, bequest, devise,
lease, exchange, or other contractual agreement, from or with any person, including any
governmental entity, such water, water rights, or interests in water in such amount as the Board
determines is appropriate for stream flows or for natural surface water levels or volumes for
natural lakes to preserve or improve the natural environment to a reasonable degree,

6b. 120 Dav Rule, At the request of any person, including any governmental entity, the Board shaH
determine in a timely manner, not to exceed one hundred twenty days, unless further time is
granted by the requesting person, what terms and conditions the Board will accept in a contract or
agreement for the acquisition. The 120-day period begins on the day the Board first considers the
proposed contract or agreement at a regularly scheduled or special Board meeting.

6c. Stacking Evaluation, The Board shall evaluate whether to combine or stack the acquired water
right with any other ISF appropriation or acquisition in order to provide flows or lake levels to
preserve or improve the natural environment to a reasonable degree.

If the Board elects to combine or stack the acquired water right, the details of how the
water. rights are to be combined or stacked with other existing ISF appropriations or
acquisitions must be set forth in the change application for the acquired right.

6d. Enforcement of Acquisition Agreement. Pursuant to section 37-92-102(3), C,R.S., any contract or
agreement executed between the Board and any person which provides water, water rights, or
interests in water to the Board shall be enforceable by either party thereto as a water matter in the
water court having jurisdiction over the water right according to the terms of the contract or
agreement.

6e. Aoorooriateness of an Acquisition. The Board shall evaluate the appropriateness of any
acquisition of water, water rights, or interests in water to preserve or improve the natural
environment. Such evaluation may include, but rieed not be limited to. consideration of the
following factors:

. the reach of stream or lake level for which the use of the acquired water is proposed,
which may be based upon anyone or a combination of the foHowing: the historical
point of return flow; the length of the existing instream flow reach, where applicable;
the environment to be preserved or improved by the proposed acquisition; or such other
factors the Board may identify.
. the natural flow regime,
. any potential material injury to existing decreed water rights,