Water Acquisition for Instream Flows

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1 � _ In re r i t } � � x� � A , ora o i o' S*trea and Lake Protection Program Vol. 4, lsswe 3 3tly 2001 Water Acquisition for Instream Flows By Anne Janicki,CWCB staff water to preserve the natural environment. streams and lakes throughout the state to pre- n our semi and state,water is a scarce By working with water right owners through serve the natural environment. Iresource with many competing demands this Program,the CWCB can protect the nat The foundation of any lease or donation ural environment on streams where water placed on it by an ever-growing popula- under the WAP is the Acquisition Agreement. tion.In 1973,the State Legislature recognized may not be available for new junior priority This is a document developed cooperatively the need to correlate the activities of mankind water rights.In addition,the CWCB may rely by the water right owner and the CWCB staff. with some reasonable preservation of the nat- on the acquired senior priority water to sup- It outlines the terms and conditions of the ural environment and created the Stream and plement existing junior instream flow rights transaction and provides certainty for both Lake Protection Program(ISF Program) up to the amount required to preserve the the donor/lessor and the CWCB.These terms within the Colorado Water Conservation natural environment to a reasonable degree. and conditions typically address the parties' Board to protect streams and natural lakes. The CWCB can only acquire"absolute"direct responsibilities in the water court change Since then,the CWCB has appropriated flow or storage rights. proceeding(which is required by law),moni- water rights on 486 natural lakes and over toring of stream flows in the subject stream 8400 miles of stream in Colorado. , reach,protection and enforcement of At the same time that the legisla = "" ` ,Y ; 4 r`' the donated or leased water rights, and as in the Boulder donation,spe- ture authorized the CWCB to s _ ' � �. - � �� cific reservations for drought or appropriate water to preserve the natural environment,it author- emergency conditions.The CWCB ized the CWCB to acquire water may delegate operational control of for that same purpose.But,the the water rights to the donor/lessor procedure was vague.The Legisla while retaining the exclusive right to ture subsequently passed two use the water for instream flow pur- bills that clarified the CWCB's poses. authority to acquire water and The WAP provides an opportunity outlined the acquisition process. - " for cities and towns to preserve the Senate Bill 91(1986)authorized p' water-dependent natural environ- the CWCB to acquire water by ment of streams that flow through "grant,purchase,bequest,devise, ,=- their community.In some cases,it lease,exchange or other contrac- may also provide a mechanism for tual agreement,from or with any '� "�~ � "�'" � ° ° '�° '� cities and towns to address federal person,including any governmental entity,... permitting issues.To date,three municipali- water,water rights,or interests in water...to The WAP is a voluntary program.By law,the ties have donated water rights to the CWCB. preserve the natural environment."In 1987, CWCB is prohibited from acquiring water by The City of Boulder donated senior rights to SB 212 established a 120-day period for eminent domain.The CWCB currently does supplement junior instream flow rights on development and approval of an agreement not have funds to purchase water rights,so it Boulder and North Boulder Creeks.The City that outlines the terms and conditions of any relies primarily on donations and low-cost, of Aspen conveyed water rights to the CWCB acquisition,and provided for federal agency long-term leases to acquire senior water for instream flow use on Hunter Creek,and participation.These legislative changes for- rights.The lack of funds has not limited the has agreed to modify the operation of its Cas- malized the state's Water Acquisition Pro- effectiveness of the WAP.Working with pri- tle Creek rights to provide water for the gram(WAP). vate water right owners,government agen- CWCB's junior instream flow right.Also,the cies,municipalities and conservation groups, City of Steamboat has made storage water Unlike a new appropriation in which the the CWCB has approved 15 donations,3 available to the CWCB to protect stream CWCB claims new junior priority water leases and one operational agreement.These flows in Fish Creek. rights,the WAP allows the CWCB to acquire agreements provide over 390 cubic feet per senior priority water rights or interests in second and 3,652 acre-feet of senior rights on Ifr (continued on page 2)