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<br />Proposed Changes to Rule 6 of the Colorado Water Conservation Board's
<br />"RULES CONCERNING THE COLORADO INSTREAl\1 FLOW AND NATURAL LAKE
<br />LEVEL PROGRAM"
<br />Adopted on March 24, 2003
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<br />6. ACOUlSITION OF WATER. WATER RIGHTS OR INTEREST IN WATER FOR INSTREAM FLOW
<br />PURPOSES, The Board may acquire water. water rights, or interests in water for ISF purposes by the up
<br />following procedures: J (j It
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<br />6a, Means of Acquisition, The Board may acquire, by grant, purchase, donation, bequest, devise, lease,
<br />exchange. or other contractual agreement, from or with any person, including any govemmental entity,
<br />such water, water rights, or interests in water in such amount as the Board determines is appropriate for
<br />stream flows or for natural surface water levels or volumes for natural lakes to preserve or improve the
<br />natural environment to a reasonable degree,
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<br />6b, 120 Dav Rule, At the request of any person. including any governmental entity, the Board shall determine
<br />in a timely manner, not to exceed one hundred twenty days, unless further time is granted by the requesting
<br />person, what terms and conditions the Board will accept in a contract or agreement for the acquisition, The
<br />120-day period begins on the day the Board first considers the proposed contract or agreement at a
<br />regularly scheduled or special Board meeting,
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<br />6c, S tacking Evaluation. The Board shall evaluate whether to combine or stack the acquired water right with
<br />any other ISF appropriation or acquisition in order to provide flows or lake levels to preserve or improve
<br />the natural environment to a reasonable degree.
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<br />If the Board elects to combine or stack the acquired water right, the details of how the water rights
<br />are to be combined or stacked with other existing ISF appropriations or acquisitions must be set
<br />forth in the change application for the acquired right.
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<br />6d, Enforcement of Acquisition Agreement. Pursuant to section 37-92-102(3), C.R.S" any contract or
<br />agreement executed between the Board and any person which provides water, water rights, or interests in
<br />water to the Board shall be enforceable by either party thereto as a water matter in the water court having
<br />jurisdiction over the water right according to the terms of the contract or agreement.
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<br />6e, A pprooriateness of an Acquisition, The Board shall evaluate the appropriateness of any acquisition 0 f
<br />water, water rights, or interests in water to preserve or improve the natural environment. Such evaluation
<br />may include, but need not be limited to consideration of the following factors:
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<br />. the reach of stream or lake level for which the use of the acquired water is proposed, which
<br />may be based upon anyone or a combination of the following: the historical point of return
<br />flow; the length of the existing instream flow reach, where applicable; the environment to be
<br />preserved or improved by the proposed acquisition; or such other factors' the Board may
<br />identifY,
<br />. the natural flow regime,
<br />. any potential material injury to existing decreed water rights,
<br />. the historical use and historical return flow patterns of the water right proposed for acquisition,
<br />. the natural environment that may be preserved or improved by the proposed acquisition,
<br />. the location of other water rights on the subject stream,
<br />. the effect of the proposed acquisition on any relevant interstate compact issue,
<br />. the effect of the proposed acquisition on the maximum utilization of the waters of the state,
<br />. whether the water acquired will be available for subsequent use downstream.
<br />. and/or the cost to complete the transaction or any other associated costs,
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