BOARD02593

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

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Agenda Item 6
October 31, 1991

degree. The Board may also request comments from other interested parties
as it deems appropriate.

3. Prior to making any final decision on the acceptance of a conditional
water right, the Board shall take public commment on the proposed action.

4. In the acceptance of a conditional water right for change to an absolute
instream flow water right, the amount changed shall be limited to the
contemplated draft/duty of water of the conditional decree, and by any other
conditions which may be required by the court to prevent injury to other water rights.

5. Any such acceptance shall be subject to the terms and conditions of
any donation agreement, provided such terms and conditions are consistent
with all of the above paragraphs.

6. Limitations which affect the exercise of the changed conditional water
right, including limitations which are included in the donation agreement or
conditions in the Board's acceptance, shall be incorporated into the decree for
the changed conditional water right.

Staff Recommendation

The staff recommends the Board review the proposed policy guidelines and
procedures for the acceptance of conditional water rights and adopt those guidelines and
procedures which it believes are appropriate in establishing Board policy on this subject.
Furthermore, the staff recommends that the Board direct the staff and Attorney General's
Office to prepare rules and regulations necessary to implement the approved policy. The
policy approved by the Board shall be the basis for all Board action with respect to the
acceptance of conditional water rights for change to instream flow purposes until such time
that formal APA rules and regulations are promulgated.

DCM/ AMJ

condrts.mmo

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