BOARD00077 ‎(2)‎

• Board Meeting Date: 11/13/2006
• Description: CF Section - Referred Non-Reimbursable Investments - WSP Section - CWCB - Recreational and Environmental Instream Flows Study
• Board Meetings - Doc Type: Memo

ST A TE OF COLORADO

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Colorado Water Conservation Board

Depart~ent of Natural Resources
1313 Sherman Street, Room 721
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Denver, C1119rado 80203
Phone: [phone]
FAX: [phone]
w\Vw.cwcb.~tate.co. us

MEMORANDUM

Bill Owens
Governor

Russell George
Executive Director

To:

Colorado Water Conservation Board Members

Rod Kuharich
CWCB Director

From:

Ted Kowalski

Dan McAuliffe
Deputy Director

Date:

November 3,2006

Re:

Agenda Item No. 12a, November 13-15,2006 Board Meeting,
Water Supply Planning and Finance - Referred Non-Reimbursable
Investments - CWCB - Recreational and Environmental Instream
Flows Study

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Backgro'und
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Colorado has been at the forefront of instream flow water rights since 1973, when the General Assembly
recogniz~d that the CWCB should be able to appropriate instream flow water rights for a beneficial use
within C~lorado. Then, in the past decade, Recreational In-Channel Diversion ("RICD") water rights
have been recognized and appropriated by a number of different local governmental entities. There have
been disagreements over quantifying RICDs and over the extent to which these types of water rights
provide economic benefits to the surrounding communities. Through the Statewide Water Supply
Initiative; ("SWSI") and the 1177 basin roundtables, it is becoming apparent that recreation and
environmental instream uses hold value to individual communities and the state as a whole. Yet, there
are vastly different economic values put on these types of instream uses of water, there are vastly
different :methods and results associated with the methods for determining the appropriate flows for
these types of uses, and there are vastly different perspectives on how these instream flows affect water
utilization and management in Colorado. This proposal would provide a study of these three issues, and
provide for a common understanding to dialogue about these issues in the SWSI and 1177 processes.
The totaf funding this study would be fore $150,000 per year.

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At the Fihance Committee Hearing questions were raised about whether these issues are no longer
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within the purview of the CWCB and whether these issues have already been decided through statutory
language~. The Staff would disagree that these issues are resolutely decided and taken outside of the
CWCB'S purview. First, the CWCB has general authority to: 1) "promote the conservation of the waters
of the state of Colorado in order to secure the greatest utilization of such waters"; 2) "devise and
fom1Lilat~ methods, means, and plans for bringing about the greater utilization of the waters of the state";
3) "gath~r data an information looking toward the greater utilization of the waters of the state"; and,
"fomlUlate and prepare drafts of legislation, state and federal, designed to assist in securing greater
beneficial use and utilization of the waters of the state."

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Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning