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The instream flow staff also consider whether there is imminent harm to the river, <br />endangered species, whether the river has historical, natural or cultural <br />significance, and if the river needs restoration. <br />ii. Water acquisitions: The CWCB can lease or acquire water rights. <br />1. hidividuals that want to place a conservation easement on water rights <br />must deed the water rights to the CWCB. Donations qualify for federal <br />income tax deductions. The water right must be coupled with a qualified <br />conservation easement in order to qualify the donor for a Colorado <br />Conservation Easement Tax Credit. <br />2. The CWCB is flexible - it can acquire water, water rights, or interests in <br />water to preserve or improve the natural environment to a reasonable <br />degree. It can lease, trade, or buy water, or receive it by donation. It can <br />acquire rights for only certain periods, and extend the period during which <br />water is available in the stream. <br />3. If necessary, the CWCB will apply to water court for a change of use. <br />Acquired rights are decreed by the water court and administered by <br />priority. <br />4. The CWCB can only acquire absolute water rights, not conditional water <br />rights. Newly passed Colorado Revised Statute 7-83-105 allows water <br />users to loan irrigation rights to the CWCB Instream Flow Program. This <br />does not require a water court decree, as long as the lease is limited to 3 <br />years in any 10-year period. The lease must demonstrate that there is no <br />injury to other water rights, and it is only available on streams where the <br />CWCB owns other instream flow rights. HB 07-1312 ensures that water <br />users are not penalized for not using a consLUnptive irrigation right. This <br />is very useful in dry years. Such temporary acquisitions by the CWCB <br />can only maintain minimum flows; they cannot improve the stream flow. <br />The CWCB has separate authority to lease water rights for more than 3 out <br />of 10 years, but it must receive a water court decree for a change in use, <br />and have an instream flow right decreed to the water right being leased. <br />6. The CWCB has only $100,000 per year to acquire water rights, so the <br />majority of acquired water rights come from donors. Many CWCB <br />projects are funded by its Constn~ction FLUld, but this fund specifically <br />prohibits the use of funds to acquire instream flows. The Construction <br />Fund makes low interest loans that must be repaid; it does not issue grants. <br />iii. Physical Protection: This includes installing new stream gages that are satellite <br />monitored in cooperation with the US Geological Survey and the Department of <br />Natural Resources. If stream flows drop below the minimum required level, an <br />alarm alerts the CWCB instream flow staff, and they contact the Water <br />Conunissioner. Such real time monitoring is now available on 80 gages. <br />