River Protection Workgroup Initial River Protection Tools/Mechanisms

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• An in- channel appropriation of water (non- consumptive) for an identified flow rate between specific points on a stream. • Appropriated exclusively by the CWCB for minimum ISFs to preserve the natural environment to a reasonable degree. Process to appropriate a new ISF water right: • CWCB requests recommendations for streams to be considered for ISF appropriations to preserve the natural environment. An ISF Workshop is held each February to discuss proposed recommendations. • Any person or governmental entity may submit recommendations in writing and with specificity as to the aspect of the natural environment the ISF would preserve and the water available for the proposed ISF • Recommendations are prioritized and added to a Candidate Stream List for processing by CWCB staff. • Data are collected and flow requirements are quantified using R2Cross or another standard methodology, usually, but not limited to, a cold water fishery standard, that a natural environment exists; water is available for ISF appropriation; and there will be no material injury to water rights. • Recommendations are submitted to CWCB for determinations and appropriation. The CWCB provides notice and an opportunity for public input on every recommendation. • The CWCB then files an application with the Water Court to adjudicate the ISF water right. How an ISF water right provides permanent stream flow protection: ISF water rights are adjudicated and administered within the State's water rights priority system, as are any other Colorado water rights. While a junior priority ISF water right cannot affect the operation of senior decreed water rights, it is entitled to stream conditions as they existed at the time of the ISF appropriation. Consequently, ISF water rights have standing in Water Court to ensure that proposed plans for augmentation and changes to water rights do not alter stream conditions to the detriment of decreed ISF water rights. The CWCB's staff monitors, protects and enforces ISF water rights. Acquisitions of existing water rights for ISF use: • The CWCB may acquire water; absolute direct flow or storage, but not conditional rights; water rights or interests in water to preserve or improve the natural environment to a reasonable degree, on either a permanent or temporary basis. • Flexible contracts outline the terms of each acquisition. The CWCB may acquire water by donation, purchase, lease, or other contractual arrangement. • The CWCB works with water right owners on a voluntary basis to protect stream flows in a manner consistent with state law. • The CWCB evaluates proposed water acquisitions using a public process and established criteria. 2