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

one percent of the CWCB water ri ght, as determi ned by the CWCB
staff. When the degree of potential injury is one percent or less,
the director is required to file a statement of opposition or protest
to referee1s ruling only when he has reason to believe that a CWCB
water right may be significantly injured if an application for a
change of water right or plan of augmentation, alone or in combina-
tion with other current or future applications, is approved.

The director advises the CWCB at its next regular meeting of any
such statements of opposition or protests to referee's ruling that
have been filed. At that time, the director provides, to the extent
information is available, a summary of:

(1) the app 1 i cant I s requested change of water ri ght or plan of
augmentation,

(2) the CWCB water right affected and the data upon which said
water right appropriation was based,

(3) the potential injury to the CWCB water right, and
(4) other pertinent information.

The director also provides a recommendation as to whether the
statements of opposition or protests to referee's rulings should be
pursued by the CWCB in order to preserve the natural environment to
a reasonable degree.

The CWCB then authorizes the director to do one of two things:

(1) ratify the statements of opposition or protests to referee's
rulings or

(2) withdraw said statements of protests.

The di rector is requi red to keep the CWCB current on all such
statements and protests and all attempts to settle such objections.
Settlement of the CWCB's objections negotiated prior to trial are
not to be filed with the court until approved by the CWCB.

Technical Considerations for Instream Flow Filings

Three major factors are considered by the CWCB prior to filing for an
instream flow reservation:

(1) Documentation of the ex i stence of a natural envi ronment worthy of
protection--DOW staff conducts a thorough survey of the stream
segment, which includes a characterization of the fish population by
species, size, and number; an inventory of benthic invertebrates;
and, as appropriate, a water chemistry analysis. The segment is
evaluated on the basis of accessibility to the public, as well as
water quality and fish population.

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