HB08-1280FactSheet

• Year: 2008
• Title: Concerning Protection of Water Rights Used by the CWCB for Instream Flows Under Contracts with Water Rights Owners
• CWCB Section: Stream & Lake Protection
• Author: CWCB
• Description: Concerning Protection of Water Rights Used by the CWCB for Instream Flows Under Contracts with Water Rights Owners
• Publications - Doc Type: Fact Sheets

• require the C~VCB, as part of its evaluation consumptive use available under the leased
of a proposed agreement for a lease or loan or loaned water right and shall not result
of water under section 37-92-102(3), to in a reduction of the historical consumptive
obtain confirmation from the Division use of that water right during the term of the
Engineer that the proposal can be lease or loan, except to the extent such
administered and is capable of ineeting all reduction is based upon the actual amount of
applicable statutory requirements; water available under the water right,
• require that all agreements entered into by • Amends section 37-92-103(2)(b) to designate
the CVVCB for leases or loans of water under participation in a contract or agreement with the
that section shall require the CWCB to: CWCB that allows the CWCB to use all or part

• maintain records of how much water the of a water right for instream flow use under

CWCB uses under the agreement each section 37-92-102 3 as a circumstance under
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Which no intent to abandon the loaned water right
year it is in effect; and shall be found.
• install any measuring device(s) deemed . Amends section 37-92-305(3) (b) to provide that
necessary by the Division Engineer to decrees for changes of water rights that
administer the agreement and to measure im lement a reements for leases, loans or
p g
and record how much water flows out of donations of water to the CVUCB for instream
said reach after use by the CVVCB under flow use under section 37-92-102(3)(b) shall
the agreement, unless a measuring device provide that either the lessor I lender l donor of
already exists on the stream that meets the water or the CWCB may bring about the
the Division Engineer's requlrements. beneficial use of the historical consumptive use
• require the CWCB to file a water court of the leased / loaned I donated water right
application to obtain a decreed right to use downstream of the instream flow reach as fully
water for instream flow purposes under a consumable reusable water.
contract or agreement for a lease or loan of These statutory changes will:
water; and
• Assure water rights owners interested in leasing
• require all agreements entered into by the or otherwise providing water to the CVUCB for
CWCB for acqulsitions of water to provide instream flow use under section 37-92-102(3)
that, pursuant to the water court decree that such an arrangement will not result in a
lmplementing the agreement, either the lessor reduction of the historic consumptive use
/ lender / donor of the water or the CWCB credited to the subj ect water right in any future
may bring about the beneficlal use of the water court proceeding to change that water right.
historical consumptive use of the leased /
loaned I donated water right downstream of • Assure water rights owners interested in leasing
the instream flow reach as fully consumable or otherwise providing water to the CWCB for
reusable water. instream flow use under section 37-92-102(3)
that the owner's nonuse of a water right during
• Amends section 37-92-102(4)(c) to require the the period of the CVUCB's instream flow use
water court, in decreeing a change of water right shall not give rise to a presumption of
implementing an agreement for a lease or loan of abandonment of that water right.
water to the CWCB for ISF use, to
• Address concerns raised by water users regarding
• quantify the historical consumptive use of the the potential for inflated historical consumptive
leased or loaned water right and determine use claims in the context of leases or loans of
the method by which the historical water to the CWCB for instream flow use.
consumptive use should be quantified and
credited during the term of the agreement for
the lease or loan of the water right. The
method shall recognize the actual amount of
For more information, contact
Linda Bassi at the CWCB at [phone].
1313 Sher~nan Street, Room 721, Denver, C0, 80203
Phone: [phone] FAX: [phone] Internet: www.cwcb.state.co.us