9352

• UCREFRP Catalog Number: 9352
• Author: White, C. B.
• Title: Private Interests in Instream Flows.
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

b. Provides that "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".
C. Sets deadline for CWCB response to contract
offer and provides for enforcement of contract terms.
d. Authorizes CWCB to adjudicate exchanges.
II. PRIVATE INSTREAM FLOW DECREES AND APPLICATIONS
A. Vader decrees, Taylor River and tributaries, Water
Division No. 4 (1975).
B. Rocky Mountain Biological Laboratory decrees, East River
tributaries, Water Division No. 4 (1972-75).
C. Applications by City of Fort Collins, Poudre River,
Water Division No. 1 (1987).
D. Application by South Platte River Greenway Foundation,
Inc., South Platte River, Water Division No. 1 (1983).
E. Application by Citizens Committee for Protection of
Middle Park Water, Case No. 87-CW-040; Water Division No. 5, order
denying application entered February 4, 1988 (attached).
III. MECHANISMS FOR PRIVATE PROTECTION OF INSTREAM FLOWS
A. Appropriation without diversion.
1. Constitutional right?
a. Colo. Const., Art. XVI, Sec. 6 - "right to
divert". Simply a rejection of riparianism without
beneficial use, and a guarantee of right, to appropriate
by non-landowner? See Colorado River Water Conservation
District v Colorado Water Conservation Board, supra.
b. Colo. Const., Art. V, Sec. 25 - prohibition
on special legislation.
C. U.S. Const. Am. XIV, Sec. 1 - equal
protection.
2. Common-law right.
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