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

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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 mav acquire water for instream flow use for a period not to
exceed 120 davs in anv basin or county in which the governor has declared a drought emergencv or
in which anv other emergencv is declared, in accordance with the procedures set forth in section
37-83-105, C.R,S, (2003),

(1) Within seven working davs 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 and snbmittinl! the necessary documentation
for SUBmittal to the State and Division Engineers required bv sections 37-83-105(2)(a)(l)
and (2)(b)(I). C.R.S.. and Drovidinl! the DnbHc notice required bv section 37-83-
1 05(2)(b )(ll). c.R.S.

(2) (a) For temporary acquisitions on reaches of stream on which the Board does not have a
decreed instream flow water 11l!ht, the Board shall determine whether the amount of water
to be acquired for temporary in stream flow use is appropriate to preserve or improve the
natural emironment 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 amOUnl of water to be acquired for
temporarv instream flow use above the decreed amount is appropriate to preserve or
improve the natural environment to a reasonable degree,

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(3) For temporary acquisitions on reaches of stream on which the Board has a decreed
instream flow water right. the Board herebv 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 anv
administrative action necessary to put the acquired water to instream flow use, The
purpose of this delegation is to allow a timelv response to offers of water. water rights or
interests in water to meet emergencv needs.

(4) At the first regular or special Board meeting after the Director accepts or reiects an offcr
of water. water rights or interests in water for temporary instream flow use, the Board shall
vote either to ratify or overtu111 the Director's decision,

6h, Funds for Water Right Acquisitions, The Board may use any funds available to it, other than the
Construction Fund created in ~ 37-60-121, C .R.S" for costs of the acquisition of water rights and their
conversion to ISF water rights,

6i. Public Input on Proposed Acquisitions, The Board shall follow the public review process in Rules Ila, -
Ilc, when acquiring water, water rights or interests in water, except as provided in Rule 6g, above and .
except as provided below,