BOARD02297

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Proposed Revisions to Instream Flow and Natural Lake Level Program Rules
• Board Meetings - Doc Type: Memo

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STATE OF COLORI\DO

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Colorado Water Conservation Board

Department of Natural Resources
721 Centennial Building
1 31 3 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX; 13031 866.4474

Roy Romer
Governor

J.:lmes S. lochhetld
Executive Director, DNR

Otiries C. lile, P.E.
Director, CWeB

MEMORANDUM

TO: Colorado Water Conservation Board Members

FROM: Dan Merriman

DATE: January 21,1998

SUBJECT: Agenda Item 30, January 28-29, 1998, Board Meeting-
Instream Flow Program - Changes to the rules governing the Instream Flow and
Natural Lake Level Program

Background

At its July 1997 meeting, the Board was presented with recommended revisions to its Instream
Flow Rules and Regulations. The revisions addressed: I) the statutory provisions of SB 96-64,
2) the new Procedures for the Appropriation ofInstream Flow Rights, and 3) procedures which
the Board had requested. The revisions also reflected the discussions leading to the enactment of
SB 96-64, the new Appropriation Procedures, and issues discussed before the Board's Instream
Flow Subcommittee.

The Board approved the proposed revisions as modified during its discussion of this agenda item
and directed the staff and Attorney General's Office to proceed with formal rulemaking,
including sending out an advance notice of the proposed revisions for public review and
comment. A copy of this advance notice is attached for your information (Attachment D). A
formal "Notice of Public Rulemaking Hearing Before the Colorado Water Conservation Board"
was filed with the Secretary of State in November of 1997 and subsequently published in the
Code of Colorado Regulations in December 1997 (Attachment C).

After considering the comments received during the public review period, the staff and Attorney
General's Office have revised the originally noticed changes and present them in a red-lined
version in Attachment A. Proposed changes to the Statement of Basis and Purpose have also
been prepared to reflect the Rule revisions and are shown in Attachment B.