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

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Senate Bill 37 provides that the Board is requir~d to make determinations about whether an RICD will
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promote maximum utilization and whether an RIICD will impair the State's ability to fully use its
compact entitlements. This study could assist t1{e Board in meeting this obligation. In addition, Senate
Bill 37 provides that: "in determining whether t~e intended recreation experience is reasonable and the
claimed amount is the appropriate flow for any period, the water court shall consider all of the factors .
that bear on the reasonableness of the claim, including the flow needed to accomplish the claimed
recreational use, benefits to the community, the intent of the appropriator, stream size and
characteristics, and total stream flow available at the control structures during the period or any
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subperiods for which the application is made." This study could assist the Board, future applicants, and
water courts reach common understandings without the need for case by case determinations of these
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Issues.

Objective
This study would have the following objectives:, I) to analyze how instream flow water rights (ISFs and
RICDs) have affected, and will affect in ,the future, water management in Colorado; 2) to provide an
objective analysis of the different quantification methods; and, 3) to determine the true economic
benefits associated with these types of water rights.

Recommendation
Staff recommends that the Board request the General Assembly to authorize an appropriation which will
be appropriated from the Water Conservation Board Construction Fund for the Recreational and
Environmental Instream Flows Study.

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