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Section 4 <br />Prioritize and Quantify Environment and Recreation Needs Technical Roundtable <br />CWCB Flow Water Rights and Stream <br />Protection <br />In Colorado, at the state level, there are two <br />important methods that have been and can be used <br />to address environment and recreation water needs <br />once priorities have been set and water <br />quantification is complete. This section provides an <br />overview of the CWCB's ISF Programand <br />Recreational In-Channel Diversion (RICD) rules. <br />Did You Know? <br />The CWCB ISF Program can protect minimum <br />stream flows via the new appropriations program <br />-AND- <br />Can preserve and improve the natural <br />environment through acquisition and donation of <br />more senior water rights? Any entity can make <br />recommendations to CWCB for new ISF <br />appropriations. <br />CWCB lnstream Flow Program <br />The 1973 General Assembly enacted Senate Bi1197, <br />which created the Colorado Instream Flow and <br />Natural Lake Level Program ("ISF Prograrri') to be <br />administered exclusively by the CWCB. For the first <br />time in the history of Colorado water law, the <br />General Assembly recognized a beneficial use of <br />water that did not require diversion from a stream. <br />This statute was challenged as statutorily vague and <br />unconstitutional, among other things, but the <br />Colorado Supreme Court upheld its validity. Thus, <br />the CWCB is responsible for the appropriation and <br />protection of ISF and natural lake level water rights <br />to preserve the natural environment to a reasonable <br />degree and the acquisition of water rights to <br />preserve and improve the natural environment to a <br />reasonable degree. To date, the CWCB has <br />appropriated and adjudicated approximately 1,500 <br />water rights in approximately 8,500 miles of streams <br />and 476 natural lakes. <br />In 1997, the CWCB adopted new procedures for the <br />appropriation of ISF water rights that incorporate <br />the provisions of Senate Bi1196-64. Formal changes <br />to the CWCB's Rules and Regulations followed in <br />1999, and again in 2004. Under state law, the CWCB <br />is vested with the exclusive authority to appropriate <br />water rights to preserve the natural environment. <br />However, any entity may request that the CWCB <br />consider initiating an appropriation. Prior to <br />initiating an appropriation, the CWCB requests <br />recommendations, through its annual work plan <br />process, from stakeholders such as the CDOW, the <br />Division of Parks and Outdoor Recreation, the DOA, <br />the U.S. Department of the Interior (DOI), Trout <br />Unlimited, Colorado Water Trust, and TNC. <br />environment. In <br />2003, the CWCB <br />was authorized to <br />accept temporary <br />loans of water rights <br />to preserve the <br />natural environment <br />to a reasonable <br />degree in times of <br />drought ~" <br />emergencies~,andin ~- ~~~rs;~ ~'~ ''~, <br />~~ <br />2005, the General ~~ <br />Assembly amended ~~' <br />that statute to allow - - <br />awaterright owner <br />to loan water to the <br />CWCB for ISF purposes, for up to 120 days, where <br />the CWCB holds a decree for a water right on the <br />benefiting stream. Such loans may not occur for <br />more than 3 years in any 10-year period. <br />For more information see: http://cwcb.state.co.us/ <br />Streamandlake/. <br />z Section 37-83-105, C.R.S. <br />4-16 FINAL DRAFT <br />