Hermosa Creek Workgroup Meeting 2 Summary May 6 2008 Draft

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There are a number of Colorado Water Conservation Board ( "CWCB ") instream- flow ( "ISF") rights on the Animas River and its tributaries. ISF was recognized by the legislature in 1973 as a beneficial use of water to provide protection for the natural environment to a reasonable degree. ISF rights tend to be junior rights, but the CWCB can buy senior water rights to change to ISF purposes, for improving or enhancing the natural environment. The CWCB can also accept donations of water rights for ISF purposes. In Hermosa Creek, an ISF right adjudicated in 1973 is a good, i.e. "senior" right. ISF rights have a decreed amount, the minimum amount necessary to protect the natural environment, which varies by stream. ISF rights are non - consumptive;, i.e. ISF flows are not diverted. Many of the Hermosa Creek tributaries already have an ISF right. More information about specific ISF rights can be found on the Initial Hermosa Creek Information Sheet, available on the Web site. CWCB is the only entity in Colorado that may hold an ISF right. Trout Unlimited, the Bureau of Land Management and others have worked with the CWCB to suggest filings for some ISF rights. In answer to questions, Bruce said that building a reservoir in a stream reach with an ISF reach would present a major conflict, unless the reservoir right was senior. There may be ways to mitigate the effect of the dam on the ISF, such as a bypass flow or a conservation easement, but the CWCB would have to approve such a measure. The SWCD was able to acquire an irrigation water right in the Carbon Lake Ditch, with an Environmental Protection Agency grant, under the auspices of the ARSG, which was donated to the CWCB for change to an ISF to improve water quality on the upper Animas River. HB 1280, passed this year, allows longer -term leases for consumptive use water rights with the CWCB for CWCB ISF purposes, while still protecting the right's historic consumptive use even though the water is not being used by the CWCB for its original consumptive purposes. A change of water right would be necessary to change the use of the water to ISF purposes. "Interstate compacts" are interstate agreements to provide equitable apportionment of the water in a stream between /among states. The Colorado River Compact is one example. Water rights may be curtailed in Colorado and other upstream states (Utah, Wyoming and New Mexico) in order to provide water to downstream states (California, Arizona and Nevada) under the Compact. Most uses of water are not 100 percent consumptive. Return flows that aren't consumed by one water user become available to downstream users. Water