9356

• UCREFRP Catalog Number: 9356
• Author: Wigington, R.
• Title: Water Right Marketing Strategies to Protect Instream Flows in Colorado.
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

• if the Biological Lab became dissatisfied with the Board's
defense. 10 The amended natural area designation, however, may
have qualified the purpose of the more senior private water
rights by requiring that they be managed "consistently" with the
overfilings by the Conservation Board to preserve the environment
to reasonable degree.11 Besides introducing a measure of
reasonableness into the purpose of the private water rights, the
Conservation Board's overfilings also serve as a back-up in case
these senior private rights were ever challenged for lack of a
diversion. The arrangement leaves most other questions about the
exercise of the two sets of natural lake water rights unstated,
but is serviceable because the water rights are located at the
top of the drainage where there are no competing diversions
upstream.
IV. The Black Canyon Water Rights Donation.
The agreement with the Colorado Water Conservation Board for
the conversion of a 300 cfs water right to instream use in the
Black Canyon of the Gunnison River was developed after the
passage of S.B. 91 and S.B. 212. It might be considered part of
the second generation of such agreements, along with the City of
10 Lease between the Rocky Mountain Biological Lab, the
Department of Natural Resources, and the Colorado Water
Conservation Board, December 31, 1980.
11 Amended Articles of Designation for the Mexican
Cut/Galena Mountain Scientific Natural Area, May 8, 1981.
10