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~ 20 a- Z2,~ <br />C7 <br />TheNature ~'` <br />Conservancy ~~ <br />Protecting nature. Preserving iife:y <br />The I~fature Conservancy in Colorado <br />z¢i¢ Spruce Street <br />Boulder, CO 80302 <br />tel [3o3]'E44-~95~ <br />~ [303) 44¢-2986 <br />natun:.orgfcolorado <br />• <br />• <br />November 11, 2007 <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Dear Board Members, <br />The Nature Conservancy urges your support for two legislative measures that would strengthen <br />Colorado's stream and lake protection program. These measures would provide additional <br />protections and resources to water rights holders who choose to work with the CWCB to enhance <br />instream flows. Your staff will be presenting these two proposals for your consideration at your <br />November board meeting in Golden. <br />The first measure would protect water rights that are leased to the CWCB by private water rights <br />holders for the benefit of instream flows. Under current law, the water rights holder who enters a <br />long-term lease or loan agreement with the CWCB for instream flow may expose or undermine his <br />or her water right in future water court cases. This legislative proposal would protect water rights <br />holders in two important ways -from the loss of consumptive use or presumption of abandonment <br />- during the period when they've loaned or leased water to the CWCB. Removing the negative <br />incentives for water rights holders to work with the CWCB to enhance instream flows will provide <br />a significant boost to the efforts to protect stream flows and lake levels in Colorado. <br />The second proposal would provide $1 million to the CWCB for acquiring water for instream flow <br />use. This funding would provide the CWCB a new tool in its efforts to strengthen or extend <br />instream flow protections in important streams where new appropriations can only meet part of the <br />flow need. It would let water rights holders realize an economic benefit from conveying, loaning, <br />or leasing their water to the CWCB for instream flow use. Further, it would allow the CWCB to <br />leverage additional funding for its stream and lake protection program from private conservation <br />groups (like TNC or the Colorado Water Trust) or other state and federal funding sources. This <br />proposal would be included in the CWCB's annual project bill. <br />We believe that these are two measured legislative proposal:; that would yield significant benefits <br />to the CWCB's stream and lake protection program and the water users who work with the CWCB <br />to enhance instream flows in Colorado. The new protections and additional resources would <br />strengthen efforts to preserve our rivers, streams, and natural environment as Colorado makes <br />critical decisions about its water management future. We urge CWCB support for your staff's two <br />legislative proposals at your November meeting. <br />Sincerely, <br />Charles Bedford <br />State Director <br />