Senate Bill 212 Transcript: Exhibit A-B

Home Browse Search

t � Senate Bill 212 Concerning the Obtaining of Water Rights for Instream Flows Statement of Senator Harold McCormick, Sponsor Senate Bill 212 has been introduced, and given late bill status, in order to reaffirm the principle that the Water Conser- vation Board is the only person or entity authorized by state law to appropriate or hold water rights for the purpose of maintaining 1) stream flows between designated points on a stream or 2) volumes of water or surface water levels for natural lakes. In 1973 the Colorado General Assembly adopted Senate Bill 97 authorizing the Water Conservation Board to make minimum stream flow appropriations in-order to preserve the natural environment to a reasonable degree. This was pioneering legislation, and it was passed only after-much discussion and concern. I was a co- ,sponsor of Senate.Bill 97, and I know those concerns well. The chief concern in 1973 about embarking on an instream flow program was that instream flow appropriations are designed to keep water in the stream, whereas Colorado water law encourages the maximum utilization of water for a variety of beneficial uses which normally involve .the placement dams and diversion structures in streams. Instream flow appropriations require water to remain in the stream between designated points and can block exchanges, changes of water right; and new appropriations both upstream and between the designated points on the stream where the instream flow appropriation exists, thus restricting the ability of the state and its water users to further manage, develop, and use the water resources of.the state. As we all well know, the appropriation of water in Colorado is already greatly restricted by interstate compacts and equitable apportionment decrees which require us to by -pass large amounts of water out of state. At the same time, it was recognized in 1973 that the state has a legiti- mate interest in keeping minimum amounts of water in certain stream portions for environmental purposes. Thus, the Colorado Water Conservation Board was given the power and direction to establish a minimum stream flow program. What may have been forgotten by some over time is that the authorization to make instream flow appropriations was conferred only on the Water Conservation Board which has a. statewide view and was expected to act responsibly in going about the implement- ation of a program. The members of this Board represent each of