SWSI Environment and Recreation Needs and Priorities TRT Draft

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of Interior. Also, the Instream Flow Rules allow other interested parties to recommend streams and lakes for protection. After reviewing data and other information for the recommended streams and lakes, the CWCB makes the required statutory determinations and seeks to obtain permanent, fully adjudicated instream flow or natural lake level water rights. By working through the Instream Flow Program, federal agencies can achieve streamflow protection goals on federal lands in a manner consistent with Colorado's system of prior appropriation and state water laws, and potentially avoid the need for costly litigation. In fact, the State has recently entered into MOUs with the u.S. Forest Service (April 2004) and the u.S. Bureau of Land Management (September 2005) committing to work together on streamflow protection efforts on federal lands, hopefully eliminating the need for federal bypass flow requirements. Instream flow water rights can provide protection for a reach of stream and are administrable under Colorado water law; whereas, federally-imposed bypass flow requirements may only be available in the stream at the point of bypass, are not administrable under Colorado water law, and cannot protect flows from diversion by other water users downstream. Similarly, conservation groups or members of the public interested in environmental preservation and restoration are invited to recommend streams and lakes for protection through the annual ISF Work Plan process. In 2003, the Colorado Water Trust, a private non-profit conservation group, presented a water acquisition proposal to CWCB to preserve and improve the natural environment of the Blue River downstream from Dillon Reservoir. That segment of the Blue River, designated a Gold Medal Fishery by the CDOW, had been identified as a "water short" stream. The Colorado Water Trust purchased an existing irrigation water right from a willing seller, and donated the water right to the CWCB for use to improve the natural environment of the Blue River. In that manner, the Water Trust was able to achieve its goals by restoring flows to the Blue River, and the water right donation to CWCB comports with state law, integrates the water right into Colorado's water right administration system, and provides an opportunity for CWCB to monitor and protect the donated right. CONCLUSION Colorado has a strong, active Instream Flow Program that provides legal protection for the natural environment. The program is inclusive, and benefits Colorado by providing an opportunity to preserve existing stream conditions or to restore native flows and improve the natural environment in a manner consistent with state law. The CWCB has been appropriating, acquiring and protecting water in streams and natural lakes for over 32 years, and will continue to carry out its mission to preserve, improve, and protect Colorado's natural environment for present and future generations.