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<br />,~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />DRAFT <br /> <br />STATEMENT OF BASIS AND PURPOSE FOR IFNL REGULATIONS 12 <br /> <br />June 29, 1992 14 <br /> <br />This Statement of Basis and Purpose has been prepared to elabo- 17 <br />rate upon and clarify the issues that are addressed in the IFNL 18 <br />Regulations. <br /> <br />Preamble 22 <br /> <br />The 1973 General Assembly enacted Senate Bill 97 which created <br />the Colorado Instream Flow and Natural Lake Level program <br />("IFNL") to be administered by the Colorado Water Conservation <br />Board ("CWCB"). The constitutionality of this program was upheld <br />in Colorado River Water Conservation District v. Colorado Water <br />Conservation Board, 197 Colo. 469, 594 P.2d 570 (1979). <br /> <br />27 <br />28 <br />30 <br />31 <br />32 <br />33 <br /> <br />The basic purpose of these regulations is to codify existing CWCB 37 <br />procedures for implementing this program and to address CWCB <br />procedures for handling new questions concerning acquisition of 38 <br />conditional rights, and inundation of CWCB decreed IFNL rights. 39 <br />The Board by adopting these regulations desires to promote 41 <br />greater certainty for water users, water rights donors and the 42 <br />public at large on how CWCB will address issues concerning the 43 <br />IFNL program while at the same time outlining those areas where 44 <br />the Board desires to retain the discretion necessary to success- <br />