Laserfiche WebLink
<br />Executive Director of the Department of <br />Natural Resources, the Directors of the CWCB <br />and DOW, the State Attorney General, and the <br />State Engineer. The diverse backgrounds of its <br />board members provides the CWCB with an <br />excellent representation of Colorado's various <br />water interests. <br />Colorado's InstreamFlow Program was <br />created in 1973 when the Colorado State <br />Legislature recognized "the need to correlate <br />the activities of mankind with some reasonable <br />preservation of the natural environment" <br />through the passage of SB 97. Within SB 97, <br />the defmition of beneficial use was changed to <br />include minimum stream flows and the CWCB <br />was vested with the authority to appropriate <br />"waters of natural streams and lakes ... as may <br />be required ... to preserve the natural <br />environment to a reasonable degree." SB 97 <br />was amended by Senate Bill 414 in 1981, <br />Senate Bill 91 in 1986, Senate Bill 212 in 1987, <br />and Senate Bill 54 in 1994. These changes and <br />amendments are consolidated wi~ ~ 37-92- <br />102(3), C.R.S. (1990), the Instream Flow <br />statute. <br />The Instream Flow statute sets forth the <br />guidelines for the admini~tration of Colorado's <br />Instream Flow Program. The statute vests the <br />CWCB with the exclusive authority to <br />appropriate and acquire instream flow and <br />natural lake level water rights. In order to <br />encourage other entities to participate in <br />Colorado's Instream Flow Program, the statute <br />directs the CWCB to request instream flow <br />recommendations from other state and federal <br />agencies prior to initiating an instream flow <br />appropriation. The CWCB routinely requests <br />in stream flow recommendations from the <br />row, Colorado Division of Parks and Outdoor <br />Recreation, United States Department of <br />Agriculture, and United States Department of <br />Interior (the "cooperating agencies"). <br />Prior to appropriating an instream flow <br />water right, the statute requires the CWCB to: <br /> <br />(1) "determine that the natural environment will <br />be preserved to a reasonable degree by the <br />water available for the appropriation to be <br />made; (2) determine that there is a natural <br />environment that can be preserved to a <br />reasonable degree with the CWCB's water right, <br />if granted; and (3) determine that such <br />environment can exist without material injury to <br />water rights" (~37-92-102(3c), C.R.S. (1990)). <br />The CWCB makes these determinations based <br />upon a review of the supporting technical data <br />and a final instream flow recommendation <br />prepared by the CWCB staff. <br />Standardized field and office procedures <br />have been developed to help ensure that final <br />instream flow recommendations meet statutory <br />guidelines and are consistent. The standard <br />field procedures that were established concern <br />selection of transect sites and collection of <br />hydraulic and biologic data Standard office <br />procedures have been established for <br />determining biological instream flow <br />recommendations using output fi'Qm R2CROSS <br />and for analyzing water availability. <br /> <br />Field Procedures <br />Instream flow recommendations are <br />typically based on hydraulic and biologic data <br />collected during a single field visit. Hydraulic <br />data collection consists of setting up a transect, <br />surveying stream channel geometry, and <br />measuring stream discharge. Biologic data is <br />gathered to document the existence of a natural <br />environment. The biologic data usually <br />consists of a fish sample, collected by <br />electroflShing, and an aquatic invertebrate <br />sample. <br /> <br />Field Data Site Selection <br />The R2CROSS method requires that <br />stream discharge and channel profile data be <br />collected in a riffle stream habitat-type. A riffle <br />is a stream segment that is controlled by <br />channel geometry rather than a downstream <br /> <br />-2- <br />