BOARD02509

• Board Meeting Date: 7/9/1992
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

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Colorado Water Conservation Board
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titled acquisition of adjudicated conditional water rights.

7.10(C) -- This section was clarified to require the
details of any stacking arrangement to be spelled out in the
change decree.

7.30 -- The significant negative effect limitation was
modified to require balancing the negative effect with potential
environmental benefits when evaluating the impact of the acquisi-
tion vis a vis future development of compact entitlements
(7.20(d)) and the ability to ensure that Colorado water resources
can be developed in a cost effective fashion. (7.20(e))

7.50 -- Public review changes same as in Section 5. In
both Section 6 and Section 7 the statutory findings of
37-92-102(3)(c) have been modified by the words "at least" to
express Ray Wrights point that the IFNL program should not be
viewed as a comprehensive environmental protection program.

Section 8

. Generally the intereference with property right concept was
woven into all parts of this section.

8.10 -- At the May 29 meeting the Board wanted the inunda-
tion decision to be triggered by a water court application to
prevent an advisory opinion scenario. I drafted this as
requiring approval at the time of inundation or upon a water
court application to cover situations in which inundation
preceeded application to the water court.

8.30 -- Added factors to consider in the approval process
to include all terms and conditions required of applicant by
other governmental agencies and the water court.

8.31 -- Added this whole section dealing with conditional
approvals.

8.32 -- Added this whole section on defering the inundation
decision until after all other governmental agencies have applied
terms and conditions.

8.60 -- Removed legal impediment paragraph but added lan-
guage clarifying CWCB's exclusive role on making inundation deci-
sions.

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