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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 />3. Description of the reach of stream to be included in the right. <br /> <br />In making such an evaluation, as required by statute, CWCB seeks recommenda- <br />tions from DOW and DOPR. The staffs of all three agencies may work jointly on <br />data collection, analysis, and determination of final parameters for an <br />instream flow filing. <br /> <br />Although not limited by law, CWCB has focused its appropriation efforts <br />exclusively on aquatic life and riparian habitat protection. The term IInatural <br />environmentll is not defined in the statute, and arguably the CWCB could <br />appropriate waters for recreational, aesthetic, or other purposes, even if the <br />target stream segment could not support aquatic life for reasons other than <br />water quantity. In a practical sense, however, this combination of stream <br />attributes would be found in few segments. <br /> <br />A summary of instream flow and natural lake-level water rights filings <br />prepared by the Colorado Di vi s i on of Wi 1 dl He shows that water ri ghts under <br />the program have been appropri ated on 6633 mi 1 es of stream in 1074 separate <br />stream segments and have been made for natural lake-level filings on 485 lakes <br />as of December 15, 1986. A summary of the number of appropriations by water <br />division is provided in Table 1. <br /> <br />Administration of eWeB Water Rights <br /> <br />The successful implementation of the Colorado instream flow program is <br />dependent on the administration of the water rights that have been appro- <br />priated for instream use during critical low-flow periods. Administration of <br />water rights to protect established private rights rests with the Office of <br />the State Engineer. <br /> <br />In the fourteen year history of the program, CWCB has never placed a call <br />to the State Engineer to administer the stream to satisfy its instream flow <br />rights appropriations (M. Cassen, Asst. AG, State of Colo.; pers. comm., <br />January 19, 1986). <br /> <br />In the continuing efforts to protect the integrity of its appropriations, <br />CWCB regularly files statements of opposition to those water rights applica- <br />tions that may adversely affects its appropriations. The results of these <br />statements of opposition have been, in some cases, stipulations by the appli- <br />cant, which are apparently sufficient to protect the instream appropriations. <br /> <br />One impediment to effective implementation and administration of the <br />water rights held by CWCB is the ability to accurately measure the amount of <br />water that passes through the stream segment in which the instream flow right <br />is held. The only means to accomplish this is through stream gauging and/or <br />visual monitoring of the segment. <br /> <br />CWCB has no stream gauges of its own with which to moniter the segment. <br />Infrequently, a stream guage operated by U.S. Geological Survey, State <br />Engineer, or some other entity (public or private) may be present somewhere on <br />the stream segment. Field personnel of DOW or DOPR may be called on to make <br />visual inspections, or to read stream gauges. However, continuous reliable, <br /> <br />27 <br /> <br />~ <br />
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