9351

• UCREFRP Catalog Number: 9351
• Author: Hobbs, G.
• Title: Water For Recreation, Water Quality, and Wetlands".
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

disagree, with those who urge the use of the public trust
doctrine and such concepts as "waste assimilation," "public
interest review," and "anti-degradation" as water quality tools
to impose a greater allocation of water to instream flow.
As opposed to instream flow for preservation of the
environment to a reasonable degree and the statewide recreational
program suggested above, instream flow appropriation of water for
water quality purposes would be contrary to the public interest,
because pollution would be elevated to the status of a beneficial
use thereby. Source control of pollution must continue to remain
the device for addressing water quality problems. Those who
desire the allocation of water to instream flow purposes should
approach the General Assembly directly with their proposed water
resource allocation proposals and methodologies, instead of
utilizing pollution as an excuse for suggesting restrictions on
the diversion and use of water.
CONCLUSION
Recreation and preservation of the environment to a
reasonable degree are recognized beneficial uses of water in
Colorado. Private individuals and State entities, such as the
Board of Parks, have adequate authority to capture, possess and
control water for recreational purposes. eowever, it is in the
province of the Colorado General Assembly to determine how, for
what purposes, and to what extent the requirement of capture,
possession, and control of water to effectuate a valid
appropriation should be modified or eliminated in order to
allocate instream flow water rights for recreational or other
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