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

~
~~il-1^-

6g, Temporary Loans of Water to the Board i\cquisi:ions, The Board may aeqWe
accept loans of 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 7 working days after receiving an offer ofa loan of water to the Board 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
submitting the necessary documentation to the State and Division Engineers
required by sections 37-83-105(2)(a)(I) and (2)(b)(I), C.R.S" and providing the
public notice required by section 37-83-105(2)(b)(II), C,R,S.

(2) (a) For temporary acquisitions loans of water to thc Board on reaches of stream
on which the Board does not have a decreed instream flow right, the Board shall
determine whether the amount of water to be loaned 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 loans of water to the Board on reaches of stream
on which the Board has a decreed instream flow water right, and the amount of
water to be loaned acquired _exceeds the decreed amount or decrced strcam
reach at anytime during the loan tenn, the Board shall determine whether the
amount of water to be loaned ac-(j-Uffed-for temporary instream flow use above
the decreed amount is appropriate to preserve or improve the natural
environment to a reasonable degree,

(3) For temporary acquisitions loans of water to the Board on reaches of stream on
which the Board has a decreed water right, if the State Engineer first makes a
determination of no iniury pursuant to section 37-83-105(2)(a)(lll), C.R,S" the
Board hereby delegates authority to the CWCB Director to accept loans of acquire
water, "vater rights, or interests in waterJor instream flow use tIjHe not exceeding
the decreed amount or decreed stream reach at anvtime during the loan tel1n, in
accordance with the procedures set forth in section 37-83-105 and to take any
administrative action necessary to put the loanedacquired water to instream flow
use. The purpose ofthis delegation is to allow a timely response to offers of
loans of water to the Board, water rights, or interests in ','fater to meet emergency
needs.

(4) At the first regular or special Board meeting after the Director accepts or rejects
an offer of a loan of water to the Board, watcr rights or interests of water for
temporary instream flow use under (3) above, the Board shall vote either to ratify
or overturn the Director's decision,