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<br />1 <br /> <br />-#/-3 <br /> <br />,. <br /> <br /> <br />. <br />KEN SALAZAR <br />Attorney Geueral <br />DONALD S. QUICK <br />Chief Deputy Attorney General <br />ALAN J. GILBERT <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver~ Colorado 80203 <br />Phone 303) 866-4500 <br />FAX 303) 866.5691 <br /> <br />OFFICE OF THE ArrORNEY GENERAL <br /> <br />November 15, 2004 <br /> <br />/" };JftlVtD <br />CONFIDENTIAL MEMORANDUM <br /> <br />PRIVILEGED ATTORNEY -CLIENT MEMORANDUM <br /> <br />TO: <br /> <br />Colorado Water coust. rvation Board <br /> <br />Patrick Kowaleski tl J <br />First Assistant Att~e eneral <br />Water Rights Unit <br />Natural Resources and Environment Section <br /> <br />FROM: <br /> <br />. <br /> <br />This Legal Opinion responds to a February 5, 2004 request from the Colorado Water <br />Conservation Board ("CWCB") asking whether, in the context of its statutory authority to <br />acquire water, water rights, or interests in water, the CWCB has statutory authority to hold <br />storage water rights for release to downstream instream flow segments. <br /> <br />OUESTION PRESENTED AND CONCLUSION <br /> <br />Issue: Does the CWCB have statutory authority to hold storage water rights for release to <br />downstream instream flow segments in the context of its authority to acquire water, water rights <br />or interests in water? <br /> <br />Conclusion: Yes, <br /> <br />BACKGROUND <br /> <br />1. The Colorado Water Conservation Board <br /> <br />The Colorado Water Conservation Board ("CWCB") is a state agency created by the <br />General Assembly to aid in the protection and development of the waters of the State for the <br />benefit of present and future inhabitants of the State, S 37-60-102, C.R.S, The CWCB was <br />created and is governed by Article 60, Title 37, C.R,S. and also has certain authorities under <br />Article 92, Title 37, C.R.S. One of the CWCB's programs is its Instream Flow and Natural Lake <br /> <br />. <br />