Concerning Recreational In-Channel Diversions: Q & A

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STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 I ; Phone: (303) 866 -3441 FAX: (303) 866 -4474 www.cwcb.state.co.us Bill Owens SB 01 -216, Concerning Recreational In- Channel Diversions Governor Questions & Answers Greg E. Walcher Executive Director Q: What is the Colorado Water Conservation Board? RodKuharich Director A: The CWCB is a Type -I division within the Department of Natural resources. It was Dan McAuliffe created in 1937 to aid in the protection, development and conservation of the waters of the Deputy Director state, for the benefit of the present and future inhabitants. It is also responsible for minimizing the risk of flood damage. It: • is led by a 15 member board: representatives from the eight major water basins, the City of Denver, the CWCB Director the DNR Executive Director, the Attorney General, the Commissioner of Agriculture, the Division of Wildlife and the State Engineer • oversees the administration of interstate water compacts • implements endangered fish recovery and habitat conservation programs • holds and protects appropriated instream flow water rights on more than 8,000 miles of streams and 486 natural lakes • funded the construction of more than 190 water projects through the loan of more than $145 million. • operates extension Internet -based river modeling tools called Decision Support Systems • aides in water conservation and drought planning • owns two boating courses Q: Why is this legislation necessary? A: Colorado's water laws have continued to evolve since the right to obtain a water right was first protected in our state's Constitution. Another evolutionary change is now needed to address an escalating trend in the filing for water rights for kayak and rafting courses. Currently, only two such water rights exist so the passage of legislation will not discriminate against future rights — in fact, sound administrative procedures can facilitate obtaining such rights through the establishment of statewide rules, rather than having seven individual water courts interpreting a very broad Colorado Supreme Court decision. By addressing the issues presented by such water rights before too many more are granted, the state can help assure sound watershed planning and efficient water resources management. The state can also ensure such rights do not adversely impact the ability to develop compact apportioned waters or conflict with instream flows held by the state for environmental protection purposes. Evaluating and arguing about the issues presented in court rather than in an administrative proceeding could cost state taxpayers hundreds of thousands of dollars. Without this legislation, the state will be faced with the costs of opposing each application in court to assure the requested appropriation is reasonable and appropriate under Colorado water law.