Notice and Agenda of Sub-Committee Meeting and Recreational Instream Flows

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October 23, 2000 MEMORANDUM TO: Colorado Water Conservation Board Members FROM: Eric W. Wilkinson SUBJECT: Recreational Instream Flows Attached please find a "thought piece" on Recreational Instream Flows (RISF). I hope it will be useful in our future discussions on this subject. This document is being transmitted to you in preparation of the workshop on RISF that is scheduled to be held on Monday, October 30, 2000, in Denver in Room 318, 1313 Sherman Street. The format of the document is designed to invoke discussion concerning RISF among interested parties. The document is divided into three parts: 1) legal and administrative questions that are associated with the adjudication and the administration of RISF rights; 2) philosophical questions and concerns that are being, and may be, raised in connection with RISF rights; and 3) statutory considerations that are relevant to RISF rights. Issues or concerns that will likely need attention are noted and discussed. With the exception of one of the questions, the answer to which is obvious and definite, defined positions are not taken on any of the issues. Instead, questions or concerns are raised and then discussed — hopefully in a productive manner. It is my thought, in this early stage in the discussion, if positions or opinions are advocated by CWCB, they may cause entities with special interests in this subject to position themselves and rigidly defend pre- determined positions. This would not be helpful in encouraging an open discussion and moving this issue forward with balanced consideration. I hope my choice of format will prove to be beneficial, but at the same time I am open for discussion on how best to present this difficult subject for consideration. I am by no means implying that the attached document raises all the questions, concerns, and issues that are associated with this subject. I know that there will be many more questions and concerns added to this or a similar document that must eventually be discussed. There are issues out there that we may not know about and will not recognize as issues until we have a complete and open discussion of all aspects of this subject. I hope this document will be a good starting point. Please note that I did not provide any legal quotations or citations in support of some of the arguments raised. I thought I would leave that up to the CWCB staff or the Attorney General's Office to do as appropriate and as needed in the future. In regard to the legal and administrative questions raised in the document, the State Engineer's Office is preparing answers to those questions from its perspective. When that document is finalized, it will be provided to you as Appendix A of this document. This document is intended to be a working document. It will be very important to decide if and how the CWCB Board and staff will move forward in this process; how and when to allow for public review and input; and how and when to decide how to address RISF. Thank you for your participation in this effort.