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Limited Instream Flow Protection The value of flowing water received long-overdue recognition in 1973, when the Colorado Legislature added an important new feature to the water law system. For the first time, the" state provided for an instream flow water right (i,e.; a water right for water left in the stream, without a diversion). However, only a single state agency, the Colorado Water Conservation Board (CWCB) - which is also responsible for promoting traditional water development - may hold. these rights, and only for the minimum flow necessary to protect the natural environment to a reasonable degree. The Board currently holds more than 1,350 rights covering 8,400 miles of streams, a significant number though still only a small portion of Colorado's more than 100,000 miles of streams. In recent years, the number of filings for new instream flow rights has decreased significantly. There were no instream flow filings made in 1999, eight in 2000, and only one in 200l. Unfortunately, even where instream flow rights are in place, they may not ensure flowing water in streams. Because the program came into existence so recently in Colorado's history, the CWCB's South Boulder Creek South Boulder Creek provides an example of the problems inherent in the Colorado Water Conservation Board's (CWCB) Instream Flow Program, Municipal, industrial and agricultural diversions together seriously deplete South Boulder's natural flows. The creek is often left with little water in the winter in Eldorado Springs and below. Ground water and a few small intermittent streams replenish low flows; yet additional diversions take even these minimum flows. In addition to loW flows, South Boulder Creek has been seriously: modified by channel straightening, flood control, urbanization, transportation, water development, and utilities' development activities. - water rights are mostly junior and therefore do not provide effective protection on over-appropriated streams. Since senior water rights holders can dry up a creek to satisfy their water rights, a junior instream flow right will not pr9tect the stream during critically dry periods, Although the CWCB has established minimum instream flows from the gauge in Eldorado Canyon State Park to the South Boulder Road Bridge (2 cfs in winter and 15 cfs . in summer), these appropriations are often too. junior to protect the river from being left dry by senior water holders. These CWBC instream flow rights still fall short of the Colorado Division of Wildlife instream flow recommendations which are 8 ds in winter and 22 cfs in summer. The . above photos were all taken on an early spring "day in 2001 and show South Boulder Creek above the first dive"rsion in Eldorado Springs, below the diversion, and about six miles downstream.