BOARD02593

• Board Meeting Date: 11/14/1991
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
721 State Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]

STATE OF COLORADO
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MEMORANDUM

Rov Romer
Governor
David w. Walker
Director

TO:

Members, CWCB

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FROM: Dan Merriman

DATE: October 31, 1991

SUBJECT: Agenda Item 6, November 14-15, 1991, Board Meeting--
Instream Flow Program: Proposed Policy Guidelines and Procedures for the
Acceptance of Conditional Water Rights for Instream Flow Purposes

Background

The Board has addressed this issue thoroughly at several meetings over the past two
years. In September, 1990 the Board adopted the following interim policy concerning the
acceptance of conditional water rights:

With respect to the issue of acquiring conditional decrees by the
Board for change to absolute instream flow water rights, the
Board may do so but only after careful evaluation of the effects
of the potential acquisition, with special attention to the effects
on upstream, junior absolute rights and on upstream, junior
conditional rights.

That interim policy is to remain in effect until formal rules and regulations
concerning the acceptance of conditional water rights for change to absolute instream flow
water rights are developed.

Proposed Policy Guidelines and Procedures

The staff is proposing that the interim policy be expanded to include the following
policy guidelines and procedures for the Board to follow in the acceptance of conditional
water rights for instream flow purposes. In developing these guidelines and procedures, the
staff has considered public comment, Board discussions and guidance, and the current
interim policy. In addition, the Board and staff have gained valuable experience in the
process of considering the acceptance of proferred conditional water rights for the Black
Canyon of the Gunnison River.