Laserfiche WebLink
-s- <br />feet per second). One cfs is roughly equivalent to the output of thirty garden hoses <br />discharging at once-not much of a river. The difficulty is that the CWCB has <br />approached its task with the timidity of a nervous bureaucrat fearful of doing anything <br />which might offend the conservative water establishment. Consequently, it has <br />translated its legislative mandate "to preserve the natural environment to a reasonable <br />degree",1' into a cautious effort to quantify the minimum amount of water necessary to <br />sustain cold water fisheries. Although a cold water fishery often can survive with e <br />fraction of a river's lowest flow, the CWCB typically has filed to protect that amount <br />and nothing more. <br />For fifteen years the CWCB has pursued its limited objectives without <br />interference. While conservationists have complained from time to time that the CWCB <br />is not doing enough, their objections have fallen on deaf ears in the state legislature. <br />Instead of expanding or strengthening the instream flow program, the legislature has <br />been content to reiterate that instream flows are the business of the CWCB and no one <br />else.' <br />Nine Cases for Instream Ri¢hts <br />This narrow legislative outlook finally may be in for change. In the last few <br />years conservationists have been joined by an unlikely collection of other parties to <br />demand that the doors of the state's instream flow program be opened to the public. <br />For example, the City of Fort Collins filed for an instream flow water right to protect <br />flows in the Poudre River, after having spent millions improving a downtown park <br />through which the river flows. The City of Boulder, which has just completed a costly <br />riverside bike path and a fish observatory along Boulder Creek, is also exploring what <br />can be done to ensure that the trout which people spot in the observatory are not dead <br />ones. The nonprofit Greenway Foundation has filed an application for instream flows <br />to protect its kayak route down the South Platte River in the middle of Denver. The <br />City of Salida is concerned that without instream flow rights, upstream diverters may <br />take away water necessary to dilute its treated sewage. The Upper Gunnison River <br />Water Conservation District has filed for instream flow protection of the Taylor River <br />in order to protect the recreation industry that has grown up along its banks. <br />Ranchers along the Colorado River have filed for instream flow water rights to protect <br />fisheries. Homeowners along Crystal Creek have sought to protect their land values by <br />filing for instream flow water rights. The rafting industry is interested in purchasing <br />agricultural water rights and legally converting taus water to instream flows in order <br />to increase the number of days the Arkansas River will support whitewater boating. <br />And the Rocky Mountain Biological Laboratories filed for instream water rights to <br />protect riparian study sites near Crested Butte. <br />In short, there has been an explosion of interest in protecting instream flows for <br />a variety beneficial urea unheard of until recently. And requests for inatream flow <br />rights are being approved. Of the nine requests mentioned in the preceding paragraph, <br />three have been granted, one denied, and the rest are pending. Despite a century of <br />dorrunA~ce of the state legislature by water development interests, it appears that <br />political recognition of the instream flow constituency is gradually occurring. <br />1'Colo. Rev. 3tat. ~ 37-92-103(4) (1974). <br />`Senate Bill 212, 1987 Colo. Seas. Laws ch. 269 at 1306, codified at Colo. Rev. Stat. ~ 3?-92-102(3) <br />(1988 Cumin. Supp.). Other government agencies may make recommendations, but only the CWCB may <br />file and hold an inatream water right. <br />