7921

• UCREFRP Catalog Number: 7921
• Author: Trembly, T. L. and G. A. Gould.
• Title: Opportunities To Protect Instream Flows In Colorado And Wyoming.
• USFW Year: 1987.
• USFW - Doc Type: Biological Report 87‎(10)‎,
• Copyright Material: NO

of the agency most concerned. As a result, agencies and individuals should
learn to cooperate with similarly oriented private, State, and Federa1
organizations to ensure success. This report is a continuation of that effort.

The reader who wi shes to undertand opportuniti es for protection of an
instream flow and wetlands should begin by looking at the physical and legal
circumstances of the entire stream or waterbody. A planner or manager should
consider all types of land and water interests involved. The stream should be
examined both up and downstream of the reach of interest. Downstream interests
should be considered because often they have statutory or contractual power to
hold water instream. This survey should include ownership, possession, and
control of lands and waters, and their present uses, such as agriculture,
planned development, wilderness, or industry.

It is important to remember that contracts or leases may be held by
several organizations and individuals. In addition, government agencies may
have authority over the land and water. Potential governing agencies are many
and diverse, ranging from the Federal Government to special districts and
municipal bodies. Therefore, a knowledge of the various instream flow and
wetlands opportunities is important. The reader should refer to Tables 1 and
2 for a summarized guide to these opportunities.

Instream flow problems may include appropriation conflicts, lack of flow,
or administrative difficulties. When possible, the planner or manager should
seek the least expensive, least disruptive, and simplest solution to the
problem. In some cases, this may mean having a conversation with a landowner
or local administrator, sending a letter to the owner or lessee of the land
and water, or simply arranging a meeting between water users who could stagger
their withdrawals or, in some other way, provide for a stream flow. However,
these are informal methods and offer no legal protection, so their usefulness
is limited to those situations in which voluntary arrangements are acceptable.

Offering information on streamflow needs to other agencies of State or
Federal Government is complex and is often provided for by specific statutes.
A risky, complex, and often expensive approach to protecting streams is the
use of lawsuits. In some cases, litigation may be a necessary part of
protecting a right and cannot be avoided.

In using this report, the reader should be aware of its purpose and
limitations. First, only a few of many possible opportunities are described.
The user should exercise initiative, judgment, and creativity in dealing with
any specific situation. Second, this report should be used only as a starting
point. In any situation related to the acquisition of water rights, legal
advice should be sought. This report should in no way be construed as a
substitute for the opinion of a private attorney, attorney general, or agency
counsel. Third, this report is neither a policy nor a decision document; it
is simply a collection of opportunities that appear to have utility in a
variety of situations.

The purpose of thi s report is to encourage cooperative and i nnovat i ve
thinking by all persons interested in instream flows for fish, wildlife, and
watershed management at Federal, State, or local levels of government, as well

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