9370 ‎(2)‎

• UCREFRP Catalog Number: 9370
• Author: Colorado Water Workshop.
• Title: 1996 Colorado Water Workshop.
• USFW Year: 1996.
• USFW - Doc Type: Western State College of Colorado.
• Copyright Material: NO

Colorado Water Workshop
August 7 - 9,1996
Jennifer Gimbel, Deputy Attorney General
Anne Janicki, Sr. Water Resource Specialist

Colorado's Instream FlowlNatural Lake Level Program
Legislative History and Program Milestones

1973 Le2islation Passed - Senate Bill 97

Recognized the need to correlate the activities of mankind with some reasonable preseIVation of the natural
environment. Vested the Colorado Water ConseIVation Board with the authority to appropriate the waters
of natural streams and lakes in the state to preseIVe the natural environment. Formally recognized
appropriations by the Board for instream flows and natural lake levels as beneficial uses.

1975 - Water Court Challen2e bv West Slone Water Users

In 1975, the Colorado River Water ConseIVancy District and others filed a suit in water court challenging the
constitutionality of the Program. The case was ultimately heard by the Colorado Supreme Court which in 1979
issued a ruling upholding the instream flow statutes.

1981 Amendment to Le2islation - Senate Bill 414

Required the Colorado Water ConseIVation Board to make certain determinations before initiating an
instream flow or natural lake level water right filing:

. That the natural environment will be preseIVed to a reasonable degree by the water available for the
appropriation to be made;

. That there is a natural environment that can be preserved to a reasonable degree with the Board's
water right; and,

. That such environment can exist without material injury to water rights.

The 1981 amendment also: 1) addressed the use of trans basin water; 2) made instream flow appropriations
subject to existing uses or exchanges of water; and 3) prohibited the state or others from condemning
private land to gain access to instream flow or natural lake level water rights.

Other Amendments

1986 Senate Bill 91 - Clarified the Board's authority to acquire water, water rights or interests in water to
prese~e the natural environment; clarified procedures for requesting recommendations from federal
agenCIes.

1987 Senate Bill 212 - Reaffirmed the Board's exclusive authority to appropriate water for instream flows
or natural lake levels.

1994 Senate Bill 54 - Limited the circumstances under which the Board may acquire conditional water
rights to use for recovery of endangered fish in the Colorado and Yampa River drainages.

1996 Senate Bill 64 - Identified procedures the Board must follow when modifying decreed instream flow
water rights, clarified the Water Court's role in the adjudication of in stream flow water rights,
and confirmed the use of the Program to recover endangered species.