Laserfiche WebLink
<br />Recent legislation in Utah, Wyoming, and Colorado has <br />explicitly sanctioned this mode of instream flow enhancement. In ~ <br />Utah, the state Division of wildlife may file for a change of use <br />to instream flow purposes from an existing water right given to <br />the division or purchased by funds from the legislature. [13] In <br />Colorado, the state Water Conservation Board may acquire water <br />rights for instream needs through "grant, purchase, bequest, <br />devise, lease, exchange, or contractual agreement."[14] <br />Similarly, Wyoming may acquire water rights through voluntary <br />transfer or gift for instream flow uses.[15] <br />Legislation in Oregon during the 1987 session provided an <br />innovative twist to the transfer of water rights to instream <br />purposes. The new law allows irrigators who conserve water to <br />sell or use the historically irretrievable losses that they <br />salvage. Such use, however, is predicated on the condition that ~ <br />up to 25% of the salvaged water shall be dedicated to the state <br />for maintaining streamflows if needed for the public <br />interest. [16] <br />States may also promote the temporary transfer of water to <br />enhance instream flows during critical periods. This was done <br />during the 1987 drought in Montana where the state Fish, wildlife <br />& Parks Department purchased 10,000 acre feet of reservoir water <br />for release to the Bitterroot River. This purchase, which cost <br />the department $20,000, helped ensure the survival of rainbow and <br />brown trout in the river. <br /> <br />~ <br /> <br />-14- <br />