8E

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Instream Flow Lessor Protection
• Board Meetings - Doc Type: Memo

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Agenda Item 8.e

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e.R.S.

(3) Further recognizing the need to correlate the activities of mankind with some
reasonable preservation of the natural environment, the Colorado water conservation
board is hereby vested with the exclusive authority, on behalf of the people ofthe state of
Colorado, to appropriate in a manner consistent with sections 5 and 6 of article XVI of
the state constitution, such waters of natural streams and lakes as the board determines
may be required for minimum stream flows or for natural surface water levels or volumes
for natural lakes to preserve the natural environment to a reasonable degree. In the
adjudication of water rights pursuant to this article and other applicable law, no other
person or entity shall be granted a decree adjudicating a right to water or interests in
water for instream flows in a stream channel between specific points, or for natural
surface water levels or volumes for natural lakes, for any purpose whatsoever. The board
also may acquire, by grant, purchase, donation, bequest, devise, lease, exchange, or other
contractual agreement, from or with any person, including any governmental entity, such
water, water rights, or interests in water in such amount as the board determines is
appropriate for stream flows or for natural surface water levels or volumes for natural
lakes to preserve or improve the natural environment to a reasonable degree. At the
request of any person, including any governmental entity, the board shall determine in a
timely manner, not to exceed one hundred twenty days unless further time is granted by
the requesting person or entity, what terms and conditions it will accept in a contract or
agreement for such acquisition. Any contract or agreement executed between the board
and any person or governmental entity that provides water, water rights, or interests in
water to the board shall be enforceable by either party thereto as a water matter under this
article, according to the terms of the contract or agreement. ALL PERIODS OF TIME
DURING WHICH THE BOARD USES WATER, WATER RIGHTS OR INTERESTS
IN WATER TO PRESERVE OR IMPROVE THE NATURAL ENVIRONMENT TO A
REASONABLE DEGREE UNDER SUCH A CONTRACT OR AGREEMENT SHALL
BE EXCLUDED FROM ANY HISTORIC CONSUMPTIVE USE ANALYSIS OF THE
SUBJECT WATER RIGHT REQUIRED UNDER ANY WATER COURT
PROCEEDING.

Excerpts from Section 37-92-102,

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AS PART OF ITS EVALUATION OF A PROPOSED CONTRACT OR AGREEMENT
FOR A LEASE OR LOAN OF WATER, WATER RIGHTS OR INTERESTS IN
WATER PURSUANT TO SECTION 37-92-102(3), THE BOARD SHALL MAKE A
FINDING THAT THE LESSOR OR LENDER OF THE "VATER, WATER RIGHTS
OR INTERESTS IN WATER IS NOT ENTERING INTO THE CONTRACT OR
AGREEMENT FOR SPECULATIVE PURPOSES.

ALL CONTRACTS OR AGREEMENTS ENTERED INTO BY THE BOARD FOR
LEASES OR LOANS OF WATER, WATER RIGHTS OR INTERESTS IN WATER
PURSUANT TO SECTION 37-92-102(3) SHALL REQUIRE THE BOARD TO (A)
MAINTAIN RECORDS OF HOW MUCH WATER THE BOARD USES UNDER THE
CONTRACT OR AGREEMENT EACH YEAR IT IS IN EFFECT, AND (B) INSTALL
A MEASURING DEVICE AT OR NEAR THE LOWER TERMINU'S OF THE
IN STREAM FLOW REACH IN WHICH THE WATER IS USED TO MEASURE AND

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