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Enforcement of State Instream Flows <br /> While some may argue the CWCB does not adequately protect its interests, the Board <br /> aggressively enforces instream flow water rights. The CWCB monitors all of its Instream <br /> flow water rights throughout the state. They rely on existing USGS gages, a network of <br /> satellite gages, and numerous staff gages. In addition, the CWCB coordinates closely <br /> with the Division Engineers' offices to make sure that the Board's water rights are being <br /> administered in priority. If a water right application is determined to injure the Board's <br /> Instream flow water rights, then the staff files a Statement of Opposition. <br /> Once a Statement of Opposition is filed, the Board works with the water right applicant to <br /> resolve potential concerns. Then, if terms and conditions can be worked out to protect <br /> the instream flows,they are entered into the Applicant's water right decree without the <br /> need for litigation. Not only does this ensure full protection of the Board's ISF water <br /> rights,but it also streamlines the process, saving the applicant and the state valuable time <br /> and resources. However, if sufficient terms are not worked out, the Board proceeds to <br /> trial. <br /> The State of Colorado recognizes there is room to improve upon these areas. For this <br /> reason, we have urged our congressional delegation to support increased funding the <br /> USGS stream gages and we have entered into agreements with other entities, including <br /> the Colorado chapter of Trout Unlimited, to monitor stream levels. Nevertheless, from <br /> 1977 to the present,the CWCB has filed a total of 694 Statements of Opposition to <br /> protect its instream flow water right appropriations. With regard to the White River <br /> National Forest, the Department of Natural Resources and CWCB have numerous <br /> agreements in Summit County that provide protection for ISF water rights. <br /> Cooperation Between the CWCB and the Federal Government <br /> The CWCB has a very productive relationship with the Bureau of Land Management <br /> (BLM). To date, some 33 stream segments have been protected in collaboration with the <br /> BLM. There, we have entered into contractual arrangements and long-term leases that <br /> meet the needs of both the federal government and the State. The BLM also supplied a <br /> series of instream flow priorities, which CWCB plans to pursue across the State of <br /> Colorado. <br /> Unfortunately, at this time, only one agreement between the CWCB and the Forest <br /> Service has been signed utilizing the tools provided by SB-91.4 This agreement provided <br /> the transfer of some of the Forest Service's water rights associated on Hunter Creek to <br /> the CWCB for instream flow purposes. Through these types of agreements, the CWCB, <br /> can address some, if not all, of the instream flow needs of the Forest Service in the White <br /> River National Forest and other national forests in the state. <br /> The CWCB has initiated several conversations with the Forest Service in an attempt to <br /> develop cooperative efforts for the protection of the environment on forest lands. These <br /> 4 Unfortunately,the Forest Service often takes the position that such agreements illegally forfeit a federal <br /> property interest in water without prior Congressional approval. See"Water for the National Forests and <br /> Grasslands: Instream Flow Strategies for the 21st Century"by the USDA Forest Service,November 30, <br /> 2000 at 8. This concern is without merit. <br /> 5 <br />