Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />creation of instream flow rights on the same legal footing as <br />municipal diversions, irrigation withdrawals, and other <br />consumptive water rights. As explained below, these instream <br />rights may be established by the state through appropriation, <br />reservation, or through the transfer of senior water rights. <br /> <br />1. Appropriation. The concept of appropriations to protect <br />natural waters dates back to 1925 when the Idaho legislature <br />designated certain lakes for the preservation of their scenic <br />beauty and recreational values. [10] The associated water right <br />was issued to the governor to be held in trust for the people of <br />Idaho. It was not until the 1970s, however, that the concept <br />blossomed into comprehensive administrative programs to <br />systematically establish instream flow rights on important rivers <br />and streams. <br />In 1973, the Colorado legislature empowered the Colorado <br />Water Conservation Board (CWCB) to establish water rights on <br />behalf of the public to maintain instream flows and natural lake <br />levels. Since that time, the CWCB has established new water <br />rights on more than 6,500 miles of Colorado's streams and rivers <br />and on scores of natural lakes. A typical instream flow right <br />designates a specified level of flow (e.g. 15 cubic feet per <br />second from Apr~l through October; 8 cfs during the winter) over <br />a stream segment stretching up to several miles. The right does <br />not ensure that such flow will actually be maintained, because <br />senior water rights may already exist that deplete the stream <br />below the specified level. But the instream flow rights do give <br /> <br />-11- <br />