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<br />I <br /> <br />I <br /> <br />I <br /> <br />In recognition of this situation, the legislature passed S.B. 97 <br />in 1973.* This law authorizes the state, acting through the Colorado <br />Water Conservation Board, to appropriate or purchase water rights for <br />"such minimum flows . . . as are required to preserve the natural <br />environment to a reasonable degree. . . ." To date, the state has <br />filed for minimum flow appropriations on over 2,400 miles of stream <br />and on about 460 lakes in order to protect coldwate~ fisheries., All <br />of these appropriations carry a 1973 or later priority date. To the <br />extent that they are on the upper reaches of streams and rivers above <br />existing diversions, they will effectively reserve minimum flows, even <br />though they are relatively junior water rights. However, on streams <br />where pre-1973 rights are already depleting flows below minimum levels, <br />senior rights would have to be purchased if the public desired to pro- <br />vide for various instream uses of water.** <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />FUTURE DEMANDS FOR WATER <br /> <br />I <br /> <br />I <br /> <br />The final element in the setting for the water Study is <br />potential future demand for water. The demand will be for uses <br />which fall into two broad categories: (1) consumptive uses, and <br />(2) non-consumptive, or instream, uses. The consumptive uses with <br />which this study is concerned include irrigated agriculture, energy <br />conversion processes (oil shale, coal gasification and liquefaction, <br />and steam electric power generation), coal slurry pipelines, and <br />municipal uses (the consumptive portion of which is attributable <br />primarily to lawn and garden watering).*** The instream uses which <br />this study is examining include fishing, kayaking, and rafting. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />*The constitutional validity of S.B. 97 is currently being tested. <br />The statute has been upheld in state district court, and the decision <br />is now on appeal to the Colorado Supreme Court. <br /> <br />I <br /> <br />**A minimum flow appropriation, like any other water right, gives <br />the state the right to object to changes by other water users in the <br />time of use, type of use, point of use, or point of diversion, if that <br />change will injure the minimum flow right. <br /> <br />I <br /> <br />***v~ile various industrial uses other than energy conversion <br />processes consume water, the anticipated demand for increases above <br />present levels is so small relative to the overall amount of con- <br />sumption in Colorado that such uses are not being considered in this <br />study. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />7 <br />