BOARD02395

• Board Meeting Date: 9/22/2003
• Description: ISF Section - Modification of ISF Rule 6g
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natura! Resources
1313 Sherman Street, Room 721
Denver. Colorado 80203
Phone: [phone]
FAX, [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

GregE. Walcher
Executive Director

To:

Members, CWCB

Rod Kuharich
CWCB Director

From:

Dan Merriman
Anne Janicki

Date:

b .Ak- / Dan McAuliffe
. Y . S b : I ':> Deputy Director

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September 9, 2003 $~ /1.9-~tof f4 u)

Agenda Item 16 - Stream and Lake Protection Sectignj ,'0' G lfVL
Modification ofISF Rule 6g, fi'\Oi'
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Subject:

Backgronnd fI\~Yf ~ 0

In March 2003, the Board adopted the "Rules Concerning the Colorado InstreanflFlow and Natural
Lake Level Program", The adopted Rules included a provision for acquiring water for instream flow
use on an emergency basis for a period of not more than 90 days (Ru1e 6g, -"Emergency
Acquisitions"), Subsequent to the Board's action, the legislature passed HB 1320 concerning
temporary acquisitions of water rights for instream flow purposes, HR 1320 allows water right
owners in basins or counties where the governor has declared a drought or other emergency to
convey water rights to the Board for instream flow use for a period not to exceed 120 days, To
comport with this new legislation, Staff is recommending that the current Rule 6g, be deleted in its
entirety and replaced with the following:

6g. Temnorarv 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).

Attached to this memo is a proposed rulemaking schedule and Notice of Rulemaking Hearing, Staff
anticipates publication of the rulemaking notice in the November 2003 CCR and a formal
Rulemaking hearing to be held in conjunction with the March 2004 CWCR meeting.

Staff Recommendation

Staff recommends that the Board 1) authorize staffto initiate rulemaking to modify Rule 6g, of the
ISF Rules by publishing the attached Notice of Rulemaking, and 2) approve the attached rulemaking
schedule.

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning