9352

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

a. Pre-1969 Act.
b. Post-S.B. 97, Pre-S.B. 481.
C. Pre-S.B. 212.

d. Issue of retrospective legislation and taking
of vested appropriative rights without compensation
under U.S. Const., Am. V; Colo. Const., Art. II, Sec.
25.
B. Appropriation with diversion.
1. Reservoir storage and release. E.g., applications
of Upper Gunnison River Water Conservancy District, Case Nos.
86CW202, 203, Water Division No. 4.
a. What is the scope of §37-92-103(4), or common-
law right to beneficial instream use of stored water?
b. What is the downstream terminus? Is this
right necessarily prohibited by S.B. 212?
2. Rechannelization for fishery or recreational
purposes.
a. Right to rechannelize overlapping CWCB rights.
b. Environmental constraints.
C. Appropriation by "control" of water.
1. Boating structures.
2. Fish habitat improvements.
3. Water quality structures.
D. Appropriative rights of exchange.
1. Between existing reservoirs or ditches. E.a.,
Reservoir Storage and Exchange Agreement between United
States, Upper Gunnison River Water Conservancy District,
Colorado River Water Conservation District, Uncompahgre Valley
Water Users Association, August 28, 1975.
E. Contractual arrangements with CWCB.
1. Purchase and dedication.
2. Brokering of third-party leases or exchanges.
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