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<br />the CWCB the authority to curtail junior diversions and limit <br />proposed transfers of senior rights that could injure the <br />instream rights. <br />The appropriation of instream flow rights has proven an <br />effective way to systematically establish protection of instream <br />resouroes. A number of state legislatures have recently set up <br />programs similar to Colorado's for appropriating instream flow <br />rights. These include wyoming in 1986 (after a citizens' <br />initiative drive got a similar law proposed on the ballot), <br />Hawaii in 1986 (as part of a comprehensive state water code), and <br />Oregon (Which changed administratively set instream flow levels <br />into vested public water rights). <br /> <br />2. Reservations. state reservation of instream flows are <br />similar in concept to appropriative instream rights. Pursuant to <br />statute, waters are reserved for instream flow maintenance to <br />prevent future users from diverting water below the set levels. <br />The Montana and Alaska legislatures followed this model in <br />creating instream water rights. <br />In Montana, the water reservation system was established in <br />the 1973 Water Use Act.[ll] Under the statute, political <br />subdivisions of the state (as well as federal agencies) may apply <br />to the Montana Board of Natural Resources and conservation to <br />reserve water for instream purposes as well as for future <br />consumptive needs. After an environmental impact statement is <br />filed and a hearing on the application held, the Board may order <br />the water reserved if it is in the publiC interest. Currently, <br /> <br />-12- <br /> <br />. <br /> <br />. <br /> <br />. <br />