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

. the historical use and historical return flow patterns of the water right proposed for
acquisition,
. the natural environment that may be preserved or improved by the proposed
acquisition,
. the location of other water rights on the subject stream,
. the effect of the proposed acquisition on any relevant interstate compact issue,
. the effect of the proposed acquisition on the maximum utilization of the waters of the
state,
. whether the water acquired will be available for subsequent use downstream,
. and/or the cost to complete the transaction or any other associated costs.

The Board shall also determine how to best utilize the acquired water, water rights or interest
in water to preserve or improve the natural environment.

6f. Limitation on Acquisitions. The Board may not accept a donation of water rights that would
require the removal of existing infrastructure without approval of the current owner of such
infrastructure, or a donation of water rights that were acquired by condemnation.

6g. Temporarv 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).

(1) 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 ofstream on which the Board bas a
decreed in stream 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
amount is appropriate to preserve or improve tbe natural environment to a
reasonable degree,

(3) For temporary acquisitions on reaches of stream on which the Board has a decreed
instream flow water right, the Board hereby delegates authority to the CWCB
Director to acquire water, water rights, or interests ,in water for instream flow use up
to the decreed amount in accordance with the procedures set forth in section 37-83-
105 and to take any administrative action necessary to put the acquired water to
instream flow use, The purpose of this delegation is to allow a timely response to
offers of water, water rights or interests in water to meet emergency needs.

(4) At the first regular or special Board meeting after the Director accepts an offer of
water, water rights or interests in water for temporary instream flow use, the Board
shall vote either to ratify or overturn the Director's decision.