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

chronology of the refinement of Colorado. s instream flow program, subsequent
amendments to the law, and administrative interpretation of the law by the
CWCB.

In contrast to i nstream flow statutes enacted in many other States,
Colorado's law is quite short and is easily incorporated into other provisions
pertaining to administration of Colorado's water resources.

The relevant text of S.B. 97 as passed by the Colorado Legislature in
1973, and subsequently amended, is provided below. (Capital letters indicate
new material added to existing statutes, bracketed words indicate deletions
from existing statutes. These statutory provisions are now codified as CRS
~~ 37-92-103(3); 103(4); 103(10); 102 (1973 and Cum. Supp. 1985), respectively.

Section 1. 148-21-3 (6), (7) and (10), Colorado Revised Statutes
1963 (1969 Supp.), are amended to read:

148-21-3. Definition. (6) IIAppropriationll means [the [diversion
of a certain portion of the waters of the state and] the application
of [the same] A CERT AI N PORTION OF THE WATERS OF THE STATE to a
beneficial use.

(7) IIBeneficial usell is the use of that amount of water that is
reasonable and appropriate under reasonably efficient practices to
accomplish without waste the purpose for which the [diversion]
APPROPRIATION is lawfully made and, without limiting the generality
of the foregoing, shall include the impoundment of water for recrea-
tional purposes, including fishery or wildlife. FOR THE BENEFIT AND
ENJOYMENT OF PRESENT AND FUTURE GENERATIONS, IIBENEFICIAL USEII SHALL
ALSO INCLUDE THE APPROPRIATION BY THE STATE OF COLORADO IN THE
MANNER PRESCRIBED BY LAW OF SUCH MINIMUM FLOWS BETWEEN SPECI FIC
POINTS OR LEVELS FOR AND ON NATURAL STREAMS AND LAKES AS ARE REQUIRED
TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE.

(10) IIPriorityll means the seniority by date as of which a water
right is entitled to [divert] USE or conditional water right will be
entitled to [divert] USE and the relative seniority of a water right
or a conditional water right in relation to other water rights and
conditional water rights deriving their supply from a common source.

Section 2. 148-21-2, Colorado Revised Statutes 1963 (1969 Supp.),
is amended BY THE ADDITION OF A NEW SUBSECTION to read:

184-21-2. Declaration of policy. (3) Further recognizing the
need to correlate the activities of mankind with some reasonable
preservation of the natural environment, the Colorado water conserva-
tion board is hereby vested with the authority, on behalf of the
people of the state of Colorado, to appropriate in a manner
consistent with sections 5 and 6 of article XVI of the state
constitution, or acquire, such waters of natural streams and lakes
as may be required to preserve the natural environment to a reason-
able degree. Prior to the initiation of any such appropriation, the

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