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

Table 1. Summary of instream flow/natural lake level appropriations as of
January 1, 1985.

Water
division

Number of
stream segments
decreed/undecreed

Number of
stream mi 1 es
decreed/undecreed

Number of
natural
1 a ke s

1 86/57 652.2/392.9 35
2 123/0 589.6/0 85
3 10114 805.1/44.7 48
4 184/20 1120.7/219.2 84
5 217/60 1158.7/402.8 141
6 140/0 594.6/0 43
7 78/3 625.3/26.9 49
Subtotal 930/144 5546.2/1086.5 485
TOTAL 1074 6632.7 485

(Source: Colorado Water Conservation Board, December 15, 1986).

periodic monitoring of streamflows within the stream segments may not occur,
making compliance difficult to evaluate. The CWCB envisions the establishment
of a program for monitoring the most critical streams or stream segments,
since continual monitoring of 1,100 streams is probably not feasible. The
plan would include provisions for installing gauges and assigning an appro-
priate agency, perhaps DOW, to monitor the gauges (Gene Jensock, CWCB; pers.
comm., April 1, 1987).

PRIVATE APPROPRIATION OF INSTREAM FLOWS

Opportunity

The opportunity for appropriation of water for instream flow purposes is
apparently an open question in Colorado. The likelihood of success of private
appropri a tors to fo 11 ow State procedural requi rements to record an appropri a-
tion for instream flows is unknown. The ability to make such an appropriation
is not specifically prohibited by law, and there are certain interest groups
that believe that Colorado law allows such an appropriation.

Background

Prior to the enactment of S.B. 97 (CRS ~ 37-92-103(3)) and the Colorado
Supreme Court decision of Colorado River Water Conservation District v.

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