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New and Borrowed Strategies Existing tools cannot do the job alone. Colorado must develop new strategies for river protection. The state is not alone in facing the challenge of river protection and should consider 'borrowing effective strategies from other western states following the same prior appropriation doctrine that applies in Colorado." . Colorado can no longer afford to manage its water' resoW"ces in a manner that rewards consumption and punishes conservation. New and changed water rights should come with requirements that build in conservation. . The system should give diverters incentives to con- serve, as in Oregon, where irrigators are allowed to keep, use or sell 75% of the water they save through conservation so long as they return 25% to the stream, . Several states, including South Dakota, Oregon and Utah, consider environmental and fisheries effects, water quality, and/or impacts to critical species before approving new or changed water rights. Conej OS Even small local groups can make a big difference for degraded rivers. The Conejos River in southern Colorado suffers from low winter streamflows below Platoro Reservoir, which provides irrigation water to the San Luis Valley. The Conejos Water Conservancy District regulates streamflows out of the reservoir, but the releases fall well below the minimum flow targets recommended by state biologists. While recommended flows were 30-40 as, the actual releases required from Platoro are only 7 as in winter and 25 as in summer months. These low flows leave little of the deeper pool habitat that larger, adult trout need to surviv~ and thrive. A Division of Wildlife (DOW) memo states,"The management implications of a 5 or 7 as winter flow bypass are that adult trout will not survive " . Rather than continue to allow limitless additional new water rights in over-appropriated watersheds, Colorado should consider closing some riv~rs to increased diversions, as Montana and Washington have done, respectively, on the Blackfoot and Yakima rivers, . Currently, water users risk abandonment of their rights if they choose not to divert water but rather to leave it in the stream for aesthetic or environmental benefit. Colorado could empower private parties to protect the flows in oW" rivers and streams by allowing private parties to convert existing water rights for the purpose of leaving water in those streams, as is allowed in California. Alaska, Arizona, and Nevada all have laws that allow private parties to. obtain instream flow water rights. . In Montana, although private individuals cannot own instream water rights, they can lease water now being diverted and put that water to use instream for up to 30 years. in the river immediately below the dam on a year-round basis." A later study by the DOW confirmed that only 6% of the trout in this reach are adults two years of age or more, illustrating that the adult survival rate is low. The San Luis Valley Chapter ofTrout Unlimited has worked to make the best of this situation through habitat improvements to create deeper holding waters for trout during low flow conditions. The Chapter has completed stream improvements on two miles of stream below Platoro. Their improvements have given adult trout a better chance in the Conejos-and could provide even more benefit if additional water could be purchased to enhance winter flows. ' ..