22d ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: CF Section – Proposed Statute Revisions/Legislation within the 2008 Projects Bill - Funding for Instream Flow Water Right Acquisitions
• Board Meetings - Doc Type: Memo

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.COLORADO WATER TRUST 11430 LARIMER ~15TREET~ $UITIi 30D, DENVER CO $OiOT I TEL 72U.S7O.2$97 FAX 303.99G.2O1J I WWW.COLORADOWATERTRUST.ORG
November 13, 2007
Colorado Water Conservation Board ',
1313 Sherman Sheet, Room 721
Denver, Colorado 802Q3
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Re: Proposed Insheam Flow Program Legislation
Dear Colorado Water Conservation Board members:
The State of Colorado has a long history of recognizing the importance of instream
water uses in addition to more traditional water uses. The placement of an instream flow
program in the hands', of the Colorado Water Conservation Boazd ("CWCB") was the clearest
statement of that recognition. Silce the creation of the instream ,flow program, all of us in
Colorado who care about water have had the opportunity to see instxeam flow uses fall
comfortably-with well-defined, decreed, administrable, and defensible parameters-into place
in Colorado's prior appropriation system. Among numerous other benefits, the instream flow
• program has much to' contribute to contituing Colorado's preeminence as the fishing and
recreation capital of the United States.
To accomplish the CWCB's mission to protect, maintain, and improve streamflows, the
insheam flow program has two important arrows in its quiver: (1) new appropriations; and (2)
water right acquisitions. As most of you know, nearly all of Colorado's river basins are over-
appropriated, leaving little room for the development of new, junior water rights. Those that
can be appropriated have water available to them infrequently and in inconsistent amounts.
Tlnis is so for any new;, junior water right u1 over-appropriated stream systems, whether the
intended use is agricdltural, municipal, industrial, or non-consumptive. When water is
available to these new, junior water rights, water is generally available to most water rights in
the system and, as a result, to the stream system itself. These times--the tones of plenty--are
not the times of crisis. ~Ne all know that the times of crisis are the shortages. During times of
shortage, junior water rights aren't satisfied. Yet, times of shortage are the most critical times
for Colorado's riverine ecosystenns.
With drought as an increasing linitation on the efficacy of new instream flow
appropriations, it has become critically important to focus on the second arrow in the CtNCB's
quiver: acquisitions. Acquisitions are an extremely important mechanism to allow the CWCB to
continue protecting, maintaining, and improviig sheamflows in critical azeas of the state. The
acquisitions program has at least two benefits that are not available to the appropriations
program. First, the acquisitions program matches willing sellers (the current water right
holder) with a willing buyer {the CWCB). As a result, it represents amarket-based approach to
• protection of streamflow Ievels. Second, it provides the CWCB with access to more senior water