ISFRulesWkshpMemo

• Board Meeting Date: 5/20/2008
• Description: ISF Section - Proposed Revisions to ISF Rules Workshop
• Board Meetings - Doc Type: Other

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
www. cwcb. state. co.us
TO: Colorado Water Conservation Board Members
FROM: Linda J. Bassi, Chief
Stream and Lake Protection Section
DATE: May 12, 2008
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Bill Ritter, Jr.
Governor
Harris D. Sherman
DNR Executive Director
Jennifer L. Gimbel
CWCB Director
Dan McAuliffe
CWCB Deputy Director
SUBJECT: Proposed Revisions to ISF Rules Workshop, May 20-21, 2008 Board Meeting
Introduction
The purpose of the workshop is to discuss and develop: (1) proposed revisions to the Rules
Concerning the Colorado Instream Flow and Natural Lake Level Program ("ISF Rules"); and (2)
proposed Financial Policy 19, which contains criteria and guidelines for implementing the
$1,000,000 spending authority granted to the Board for the costs of water acquisitions for ISF
use in Section 28 of HB 08-1346 (CWCB's Water Projects Bill). Staff proposes to revise the
following ISF Rules:
^ Rule 8e. - De Minimis Rule
Rule 8i.(3) -Injury Accepted with Mitigation
Rule 6 -Acquisition of Water, Water Rights or Interests in Water for Instream Flow
Purposes
Staff has also drafted a proposed Financial Policy 19 regarding expenditures of the $1,000,000
authorized in the Water Projects Bill for the costs of water acquisitions for ISF use. This memo
provides a brief introduction to the proposed Rules revisions and Financial Policy 19.
At the Workshop, First Assistant Attorney General Susan Schneider will explain the rulemaking
process and a proposed timeline for revising the ISF Rules to the Board. Staff then will walk
through the proposed Rules revisions and draft Financial Policy 19 for the Board's information
and discussion.
1. Rule 8e. - De Minimis Rule (Attachment 1)
Staff proposes to revise Rule 8e. to clarify the intent and meaning of the Rule. The existing De
Minimis Rule merely provides that CWCB staff may elect not to file a Statement of Opposition
to a water court application that would result in a depletion on the affected stream that is 1 % or
less than the decreed flow rate of the affected ISF water right. While the Rule does not say that
the CWCB may or will accept injury to an ISF water right if the depletion is 1 % or less of the
decreed flow rate, the Rule has been interpreted in the past to mean that up to 1 % of the flow rate
of a decreed ISF may be injured. However, if the CWCB places an administrative call for an ISF
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