SWSI Environment and Recreation Needs and Priorities TRT Draft

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Recent statutory changes have allowed the CWCB to acquire water to IMPROVE the natural environment. This expanded authority for water acquisitions allows the CWCB to work with willing owners to restore flows to degraded stream systems. In 2001, CWCB was contacted by the San Juan Resources Conservation and Development Council with an acquisition proposal directed at restoration of a drainage impacted by mine runoff. In the North Mineral Creek drainage northwest of Silverton, a leaky, trans-basin diversion ditch was seeping into old mine workings and exacerbating water quality problems. In addition to the seepage problem, the ditch also diverted up to 15 c.f.s. of native flow into another water basin. Local conservation groups secured a grant to purchase the trans-basin water right, and conveyed the right, through a donation agreement, to the CWCB for instream flow use. The CWCB accepted the donation, and designated the use of the acquired right to improve the natural environment, thereby restoring native flows to the watershed. The old ditch alignment has been reclaimed, and the ditch no longer traverses the mine workings. The result has been increased streamflows and improved water quality. Without the water acquisition process, it would have been difficult to restore and protect the natural environment. A new instream flow appropriation preserves existing conditions, and may have been difficult to obtain as a result of the degraded natural environment. Water acquisitions provide a key mechanism for improving the natural environment and for river restoration efforts. Water Acquisitions Provide a Mechanism for Temporary or Emergency Instream Flows During the drought of 2002, many streams experienced record low flows and stream fisheries were stressed to the point of loss. Many water users also found themselves short of the water needed to meet decreed uses, and wished to dedicate water to the stream to sustain the fisheries. At the time, current statutes required any change in use, including temporary instream flow use, to be approved by the Water Court. Any water added to a stream to sustain a fishery without first obtaining a decree for that use was not protectable by CWCB, and was subject to diversion by other downstream water rights. Although the Instream Flow Program did provide for water acquisitions through lease arrangements, the existing process required Water Court approval, and could not be completed quickly enough to meet the urgent need. As a result of the drought, the legislature recognized the need to streamline the water right loan process, and passed legislation allowing temporary loans of water to CWCB for instream flow use without the need to seek judicial approval. As a result of legislative foresight, the current process now provides for timely, administrative review by the State Engineer, and temporary loans of water for instream flows can be completed in a timely manner. Program Provides a Mechanism for Identifying and Prioritizing Environmental Needs In February of each year, CWCB staff hosts an Instream Flow Workshop to solicit recommendations for instream flow or natural lake appropriations. Any person, including any governmental entity, can recommend streams or lakes for protection, and invitations to the workshop are extended to over 100 interested parties, including federal, state and local representatives and members of the public at large. Recommended streams or lakes are added to the Instream Flow Work Plan list and included on GIS maps. As recommendations are prioritized, they are added to the Candidate Stream List, and processed for the CWCB's consideration. In this manner, high resource value or high risk streams or lakes are identified and prioritized for immediate consideration. Program Provides an Opportunity for Federal Agencies and Conservation Groups to Accomplish Streamflow Protection Goals in a Manner Consistent with State Law Colorado is one of the few western states that limits the appropriation and acquisition of instream flow or natural lake water rights to a single state agency. While that exclusive authority may strike some as being overly restrictive, in fact, the process for proposing streams and lakes for consideration is, by design, quite inclusive. The statutes require the CWCB to request recommendations for stream and lake protection from the CD OW, the Colorado Division of Parks and Outdoor Recreation, the u.S. Department of Agriculture, and the u.S. Department