24-Acq

• Board Meeting Date: 7/23/2002
• Description: ISF Section - Request for Authority to Acquire Water Rights on a Temporary Basis to Address Drought Emergencies
• Board Meetings - Doc Type: Memo

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

MEMORANDUM

Bill Owens
Governor

Greg E. Walcher
Executive Director

TO:

Members, CWCB

Rod Kuharich
CWCB Director

FROM:

Dan Merriman
Anne Janicki

Dan McAuliffe
Deputy Director

DATE:

July 8, 2002

SUBJECT:

Agenda Item 24, July 23-24, 2002, Board Meeting--
Stream and Lake Protection Section -- Water Acquisition Program -
Request for Authority to Acquire Water Rights on a Temporary Basis to Address Drought
Emergencies

This year, Colorado is experiencing the worst drought in over 100 years. Water users and fisheries on many
streams have been severely impacted. Through the Governor's Drought Task Force, the CWCB has
committed to "work with the Department of Natural Resources, Governor's Office, Division of Water
Resources, State Engineer's Office, Division of Wildlife and the public, under Colorado water law and
Executive authorities, to provide emergency instream flow protection on streams where water rights may be
temporarily available for such purposes."

This year, staff has received several offers from water right owners to use their direct flow or storage water
rights to alleviate low streamflows and the related impacts to aquatic resources. The instream flow statutes
provide authority for the Board to acquire "by grant, purchase, bequest, devise, lease, exchange or other
contractual agreement, from or with any person, including any governmental entity, such water, water rights,
or interests in water as the Board determines may be required to preserve the natural environment." The
statutes also authorize the Board to "initiate such applications as it determines are necessary or desirable for
utilizing water, water rights, or interests in water appropriated, acquired or held by the board."

Staff has generally discussed these offers with the State Engineer's Office and DWR staff. With the recent
passage of HB 1414 (Substitute Supply Plans), it appears there is a mechanism now available to facilitate
these types of transactions. The SEO has just released Policy 2002-02 for implementing HB 1414 which
provides for approval of both Emergency and Temporary Substitute Supply Plans. Under the policy,
Emergency Substitute Supply Plans are limited to situations affecting public health and safety, and would not
cover instream flow uses. Therefore, staff would only seek approval of a Temporary Substitute Supply Plan.

Typically, the Board acquires water rights through permanent donations or long-term leases. These
transactions involve detailed Donation Agreements or contracts which outline the terms of the conveyance.
The statutes and the ISF Rules require the Board to respond to such offers within 120 days of the request.
However, the short term, emergency acquisitions contemplated this year require a more immediate response.
Therefore, staff is seeking authority for the Director to approve temporary acquisitions for instream flows and
to apply for temporary substitute supply plans for use of the acquired water.

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning