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Last modified
7/14/2009 5:02:34 PM
Creation date
6/1/2009 12:41:43 PM
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UCREFRP
UCREFRP Catalog Number
9351
Author
Hobbs, G.
Title
Water For Recreation, Water Quality, and Wetlands".
USFW Year
1990.
USFW - Doc Type
\
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conditions, to deliver it to a downstream point, such as a boat <br />chute or a take-out facility. As in Judge Brown's ruling,- the <br />place of use of the released stored water can be defined and <br />decreed as the stream channel between the release point and the <br />downstream point. Hopefully, a downstream agricultural, <br />municipal, commercial or other use can be found for the water <br />below the termination point of the recreational use so the water <br />can again be put to use before it flows out of State. If not, <br />water that flows out of state will be credited against compact or <br />equitable apportionment deliveries under current Colorado law. <br />Such crediting should allow appropriations to be made which <br />otherwise might be shut down by a compact call or the <br />unavailability of unappropriated water in the stream. <br />Inexplicably, some members of the water community <br />continue to characterize delivery of storage releases through the <br />stream channel to a downstream delivery point as a prohibited <br />instream flow or minimum stream flow appropriation. However, as <br />defined by the CWCB statute and the Colorado Supreme Court <br />decision in Colorado River Water Dist. y. Colorado Water <br />Conservation Bd., 197 Colo. 469, 594 P.2d 570 (1979), and Judge <br />Brown in Water Division 4, an instream flow right consists of the <br />appropriation of water between two points on a natural stream <br />without effectuating any means of capture, possession or control. <br />It is a logical application of Colorado law to recognize that one <br />who has stored water may obtain a decree which defines the place <br />of use of such water for recreation as 1) the reservoir body <br />itself, and 2) for water released from storage, a defined stream <br />-20- <br />
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