09 ‎(3)‎

• Board Meeting Date: 11/18/2007
• Description: ISF Section - Increases to ISF Rights, C.R.S. 37-92-102‎(4)‎‎(a)‎
• Board Meetings - Doc Type: Memo

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Agenda Item 9 -Increases to ISF Rights
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Mark B. Konishi, Acting Director
6060 Broadway
Denver, Colorado 80216
Telephone: [phone]
wildlife. state. co. us
November 13, 2007
Ms. Linda Bassi, Section Chief
Stream and Lake Protection Section
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, CO 80203
Dear Ms. Bassi:

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For Ghildlife-
ForPeople
Your staff has requested the Colorado Division of Wildlife (CDOW) provide you with an overview of
the biological analysis involved in recommending instream slow water rights. The following
information provides a general overview of the history of the Instream Flow Program, the basis for
Colorado's use of the R2CROSS (R2X) Methodology and justifications for the need to continually
review and reevaluate current instream flow water rights as well as instream flow methodologies.
Introduction
The early 1970's were a time of change in regards to envirorunental protection and the State of
Colorado's water use policy and philosophy. Prior to 1973, Colorado did not recognize the practice of
leaving water in its natural course as a beneficial use under state law. In 1973, the State Legislature
approved Senate Bill 97, which allowed specific new water appropriations to be classified as "minimum
stream flows" that would pl-otect the environment to a reasonable degree by leaving water in its natural
course.
This ground breaking legislation declared that "beneficial use shall also include the appropriation by the
State of Colorado in the manner prescribed by law of such minimum flows between specific points or
levels for and on natural lakes and streams as are required to preserve the natural environment to a
reasonable degree"1. Over time, Senate Bill 97 has evolved into the following sections of the Colorado
Revised Statues (CRS):
§ 37-92-102 (3) Further recognizing the need to correlate the activities of mankind with some
reasonable preservation of the natural environment, the iColorado water conservation board is
hereby vested with the exclusive authority, on behalf of the people of the state of Colorado, to
appropriate in a manner consistent with sections 5 and 6 of article XVI of the state constitution,
such waters of natural streams and lakes as the board deltermines may be required for minimum
] Senate Bill No. 97 -Enacted and approved April 23, 1973
DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary
Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray
Ex Officio Members, Harris Sherman and John Stulp