BOARD00107

• Board Meeting Date: 7/28/2003
• Description: ISF Section - Request for Authorization to Initiate a Rulemaking Change to Rule 6.g of the ISF Rules
• Board Meetings - Doc Type: Memo

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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

Bill Owens
Governor

MEMORANDUM

Greg E. Walcher
Executive Director

To:

CWCB Members

Rod Kuharich
CWCB Director

From: Dan Meniman, Ted Kowalski, Anne Janicki

Dan McAuliffe
Deputy Director

Date: July 16, 2003

Re: Agenda Item 25, July 28-29, 2003 Board Meeting-
Stream and Lake Protection Section - Request for Authorization to Initiate a
Rulemaking Change to Rule 6.g of the ISF Rules;

Background

At the March 2003 Board meeting, the Board adopted new instream flow rules ("ISF
rules") that became effective on June 2, 2003, Rule 6.g of the ISF rules provides:
"Emergency Use of Water. The Board delegates authority to the CWCB Director, in
consultation with the State Engineer, to acquire water, water rights or interests in water
and immediately apply such water to an ISF use for a period of not more than 90 days."

After the Board's adoption of Rule 6,g, the General Assembly passed House Bill 1320,
which Governor Owens signed into law on June 4, 2003. House Bill 1320 provides that
when the governor has declared a drought for the State of Colorado, or for lUlY subpart of
the State of Colorado, entities may donate their water rights to the CWCB for instrearn
flow use up to 120 days. Such donations have specific notice requirements lUld other
requirements, including that the use of the donated water rights may not cause material
injury to lUlY vested water rights.

Staff Recommendation

The Staff recommends that the Board authorize Staff to initiate a limited rulemaking
process to amend Rule 6,g to comport with the new statutory llUlguage established by
House Bill 1320. Staffwill bring a proposed amended Rule 6.g to the Board for its
review at the September Board meeting.