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• TheNature ~` Conservancy ~ -- Protecting nature. Preserving iife:+ The Nature Conservancy in Colorado 2424 Spruce Street Boulder, CO Ho3o2 tel [303]'444'2950 ~ [303] 444-2986 r-ature.orglcolorado • November 11, 2007 Colorado Water Conservation Board 1313 Sherman Street; Room 721 Denver, CO 80203 Dear Board Members,, The Nature Conservancy urges your support for two legislative measures that would strengthen Colorado's stream and lake protection program. These measures would provide additional protections and resources to water rights holders who choose to work with the CWCB to enhance instream flows. Your'staff will be presenting these two proposals for your consideration at your November board meeting in Golden. The first measure would protect water rights that are leased to the CWCB by private water rights holders for the benefit of instream flows. Under current law, the water rights holder who enters a long-term lease or loan agreement with the CWCB for instream flow may expose or undermine his or her water right in future water court cases. This legislative proposal would protect water rights holders in two irnportapt ways -from the loss of consumptive use or presumption of abandonment - during the period when they've loaned or leased water to the CWCB. Removing the negative incentives for water rights holders to work with the CWCB to enhance instream flows will provide a significant boost to the efforts to protect stream flows and lake levels in Colorado. The second proposal would provide $1 million to the CWCB for acquiring water for instream flow use. This funding would provide the CWCB a new tool in its efforts to strengthen or extend instream flow protections in important streams where new appropriations can only meet part of the flow need. It would let .water rights holders realize an economic benefit from conveying, loaning, or leasing their water to the CWCB for instream flow use. Further, it would allow the CWCB to leverage additional funding for its stream and lake protection program from private conservation groups (like TNC or the' Colorado Water Trust) or other state and federal funding sources. This proposal would be included in the CWCB's annual ;project bill. We. believe that these are two measured legislative praposal~~ that would yield significant benefits to the CWCB's stream apd lake protection program and the water users who work with the CWCB to enhance instream flows in Colorado. The new protections and additional resources would strengthen efforts to preserve our rivers, streams, and natural environment as Colorado makes critical decisions about it's water management future. We urge CWCB support for your staff's two legislative proposals at your November meeting. Sincerely, Charles Bedford State Director