Laserfiche WebLink
agency which may avail itself of expert <br />scientific opinion. <br />The CWCB is also charged with the power and duty "to <br />secure the greatest utilization" of the waters of the state, <br />C.R.S ~ 37-60-106(1). Clearly, the CWCB is a suitable entity to <br />fulfill the statutory purpose, which is to balance the water <br />development needs of the state and its water users with <br />preservation of the environment to a reasonable degree. The <br />General Assembly intended a grant of minimum stream flow <br />authority which was consistent with preserving the state's <br />well-developed prior appropriation system, as well as preserving <br />"various life forms" such as "flora, fauna and other aspects of <br />the natural environment." Colorado River Water Conservation <br />Dist. v. Colorado Water Conservation Bd., 197 Colo. at 478, <br />594 P.2d at 576. <br />It might also be argued that the right to appropriate <br />an instream flow is a constitutionally protected right available <br />to Colorado citizens, once it has been recognized as a <br />"beneficial use" for purposes of the CWCB program. However, <br />Section 6, Article XVI, of the Colorado Constitution plainly <br />provides that the constitutional guarantee of the right to <br />appropriate water is for appropriations which involve a means for <br />capturing, possessing and controlling water: <br />The right to divert the unappropriated waters <br />of any natural stream to beneficial uses <br />shall never be denied (Emphasis added.) <br />Colo. Const. Article XVI, Section 6, Thus, while a diversion of <br />water is not a necessary requirement of an appropriation <br />authorized by a statute which is drawn so as to pass <br />-13- <br />