BOARD00110 ‎(2)‎

• Board Meeting Date: 1/23/2007
• Description: CF Section - Review of Water Related Legislation - OWC - Expanding the CWCB Water Efficiency Grant Program - ISF - Protection of Water Rights Loaned to CWCB for ISF Use
• Board Meetings - Doc Type: Memo

COLORADO WATER CONSERVATION BOARD

Department of Natural Resources
Bill Ritter, Jr., Governor
Harris D. Sherman, DNR Executive Director
Rod Kuharich, CWCB Director

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January 2007

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OB 07-1012 -- CONCERNING PROTECTION OF WATER RIGHTS
LOANED TO THE CWCB FOR IN STREAM FLOW USE

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Background

The instream flow and natural lake level program
was established in 1973. The CWCB may
"appropriate ... or acquire such waters of natural
streams and lakes as may be required to preserve
the natural environment to a reasonable degree."

Several changes have been made to the original
enabling statute, including providing the CWCB
with the authority to accept a loan of a water
right.

In 2003, HB 03-1320 (codified at section 37-83-
105, C.R.S.) became law. It allows the
temporary acquisition of water rights for
instream flow purposes. The new law allowed
water right owners in basins or counties where
the Governor declared a drought or other
emergency to convey water rights to the CWCB
for instream flow use for up to 120 days. The
law also established procedures for State and
Division Engineer approval of temporary
instream flow use of loaned water rights.

In 2005, the General Assembly passed HB 05-
1039, amending section 37-83-105(2) to remove
the drought declaration requirement for loans,
limited the exercise of a loan to no more than
three years in any ten year period, and provided a
process for parties to comment on potential
injury after each year a loan is exercised.

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A change in the law is now needed to protect
water rights owners that choose to loan water in
future water court proceedings.

What the Bill does:

. Amends section 37-83-105(2) to exclude all
periods of time during which a loaned water
right is used by the CWCB for instream flow
purposes from any historic consumptive use
analysis of the loaned water right required
under any water court proceeding.

. Amends section 37-92-103(2)(b) to designate
participation in a loan of water to the Board
for instream flow use as a circumstance
under which no intent to abandon the loaned
water right shall be found.

. Assures water rights owners interested in
loaning water for instream flow uses that the
loan will not result in a reduction of the
historic consumptive use credited to the
loaned water right in any future water court
proceeding to change that water right.

. Assures water rights owners interested in
loaning water to the eWCB that the owner's
nonuse of a water right during the period of
the loan shall not give rise to a presumption
of abandonment of that water right.

For more information, contact
Linda Bassi at the CWCB at [phone]
\313 Sherman Street, Room 721, Denver, CO, 80203
Phone [phone]\ FAX: [phone] Internet: wwwcwcbstate,co us