SWSI Environment and Recreation Needs and Priorities TRT Draft

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to preserve the natural environment to a reasonable degree. The CWCB does not need to hold title to the water, but can lease or contract for water using a variety of legal mechanisms including "purchase, bequest, devise, lease, exchange, or other contractual agreement". The water acquisition process is different from the process for new appropriations since each water acquisition is a voluntary proposal initiated by a water right owner. The process typically begins with a request for consideration of an acquisition proposal. Once a proposal is received, CWCB staff will evaluate the water or water right proposed for acquisition. Additional engineering analyses may be required to determine historic consumptive use or return flow issues. The CWCB determines the amount of water required to preserve or improve the natural environment to a reasonable degree, and decides whether to combine the acquired water with any existing instream flow water right currently decreed for the stream. A draft acquisition agreement is prepared between CWCB and the proponent and presented to the CWCB for consideration. If the CWCB accepts the proposal, a change of water right application is filed with the Water Court seeking adjudication of the use for instream flow purposes. Adjudicated acquisitions are monitored and protected according to the terms of the acquisition agreement and Water Court decree. Protection The CWCB has a very active program to protect instream flow and natural lake level water rights, and staff relies on the latest technologies to accomplish this job. Legal protection of instream flow or natural lake level water rights requires review of every water right application filed in the state. CWCB staff utilizes GIS mapping tools to locate each claim and to evaluate the potential for injury. Staff may also consult water right databases or other electronic information to understand historic patterns of use. If a potential injury to instream flow water rights is identified, a Statement of Opposition is filed with the Water Court, and staff works with the applicants to develop terms and conditions to protect the instream flow or natural lake level water rights from injury. Monitoring actual streamflow conditions is equally important in the protection of instream flow rights. Over the years, staff has worked with the U.S.O.S. and the State Engineer's Office to develop a system of satellite linked stream gages on streams throughout the state. Real-time streamflow data is transmitted via satellite to the Denver office, and is readily accessible through the Internet. CWCB staffhas also developed a low flow alert system to notify staffby email and cell phone if stream flow drops below decreed amounts on critical reaches of stream. In the event a low flow condition is identified, CWCB staff will contact the Division Engineer to determine whether the instream flow right is in-priority and entitled to receive water. If so, CWCB staff will place a "call" for water, and junior rights diverting out-of-priority may be curtailed to satisfy the "call" for water. WHY THE INSTREAM FLOW PROGRAM IS GOOD FOR COLORADO Colorado Has a Strong Track Record of Protecting Stream Flows and Natural Lake Levels Colorado is a leader in instream flow protection, having established one of the first programs among the western states, and it remains one of the most active programs. Colorado has been appropriating, acquiring and protecting water in streams and natural lakes for over 32 years, and has committed significant staff and financial resources to the program. The program currently maintains a staff of six permanent positions, and sponsors an active internship program. A recent study by Trout Unlimited 4 viewed Colorado's Instream Flow Program this way: 4 "Liquid Assets: Protecting and Restoring the West's Rivers and Wetlands through Environmental Water Transactions", Steven Malloch for Trout Unlimited, March 2005