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Last modified
7/14/2009 5:02:31 PM
Creation date
5/22/2009 12:57:02 PM
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UCREFRP
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
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<br />The powers of the CWRPA are vested in a board of directors consisting of <br />nine members who are appointed by the Governor, with consent of the Colorado <br />Senate. Each di rector is chosen to represent a dra i nage bas in withi n the. <br />State, as set forth in the statutes (CRS 9 39-95-64). <br /> <br />The CWRPA is empowered to designate the Colorado Water Conservation Board <br />(or other person or governmental agency) to act as its agent in connection <br />with the planning, design, development, construction, management, operation, <br />and participation in its projects (CRS ~ 37-95-106(k)(II)). <br /> <br />It is also empowered to adopt rules and regulations for the use, manage- <br />ment, and operation of any hydroelectric and water management facilities <br />financed by the authority. Before any proposed project can receive considera- <br />tion for construction funding by the CWRPA, the Colorado Water Conservation <br />Board must first review the feasibility study of the proposed project, and the <br />General Assembly must authorize the CWRPA to proceed to consider the <br />construction of the project (CRS s 37-95-107(1)(a)). <br /> <br />CWRPA does not have any statutory direction to include instream flow <br />considerations for project construction or operation. The only opportunity for <br />such consideration would be through CWRPA coordination activities with the <br />Colorado Water Conservation Board. If instream flows were determined to be <br />desirable benefits of any project, the CWCB would take steps to appropriate or <br />acquire water rights under the provisions of the instream flow program, which <br />it administers (CRS s 37-92-102(3)). This has not been done to date. <br /> <br />Colorado Water Quality Control Commission <br /> <br />The Water Quality Control Commission (WQCC), a commission within the <br />Colorado Department of Health, is responsible for the development and <br />maintenance of a comprehensive and effective water pollution control program <br />in the State (CRS S 25-8-201, 202). Members of the WQCC are appointed by the <br />Governor. <br /> <br />The WQCC cannot appropri ate waters for i nstream fl ows. However, the <br />policies, rules, and regulations of the WQCC affecting water quality, including <br />water quality standards, water use classifications, discharge permit require- <br />ments, and other matters, raise certain questions regarding the desirability <br />and practicality of maintaining stream flow conditions in stream segments. <br />Water quality-quantity relationships are becoming an ever increasing concern <br />as water use competition and growth continue, but at this time there is no <br />direct statutory legal link between these two elements in the State of <br />Colorado. <br /> <br />OVERVIEW OF COLORADO WATER LAW--PRIOR APPROPRIATION <br /> <br />Colorado, like many other Western States, administers water under the <br />prior appropriation doctrine. Under this doctrine the person with the oldest <br />properly adjudicated water rights has the first right to use the water. <br /> <br />10 <br />
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