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<br />1 <br /> <br />,I <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Page 2 <br /> <br />Level Program ("ISF Program"), governed by sections 37-92-102(3) and (4), C,R.S, Section 37- <br />92-102(3) authorizes the CWCB to appropriate "such waters of natural streams and lakes as the <br />board determines may be required for minimum stream flows or for natural surface water levels <br />or volumes for natural lakes to preserve the natural environment to a reasonable degree," Under <br />this authority, the CWCB has appropriated instream flow water rights ("ISFs") in approximately <br />1,411 stream segments covering 8,298 stream miles and natural lake level water rights in 476 <br />natural lakes. <br /> <br />-, <br />Section 37-92-102(3) further authorizes the CWCB to "acquire, by grant, purchase, <br />donation, bequest, devise, lease, exchange, or other contractual agreement, from or with any <br />person, including any governmental entity, such water, water rights, or interests in water in such <br />amount as the board determines is appropriate for stream flows or for natural surface water levels <br />or volumes for natural lakes to preserve or improve the natural environment to a reasonable <br />degree," Using this authority the CWCB currently holds decrees to use storage water in Fish <br />Creek Reservoir (Case Number 6-00CW075), Steamboat Lake (Case No. 6-95CWI50), and <br />Barker Reservoir and Silver Lake (Case No. 1-90CW193) by release for downstream instream <br />flow uses to preserve or improve the natural environment. Under each of these decrees, water is <br />released from storage for use in downstream instream flow segments, In each case, the Division <br />Engineer or Water Commissioner administers water to and through the designated segment of <br />stream after being notified of storage releases for instream flow use, <br /> <br />This opinion will focus on the CWCB's implementation of this specific grant of <br />authority, referred to as the Donations I Acquisition Program. Under this authority, the CWCB <br />has entered into contracts and leases for water for approximately 3,442.7 acre feet for natural <br />lake levels and 13.5 c.f.s, for instream flow use, and has permanently acquired approximately <br />200 acre-feet and 378.36 c.f.s. for natural lake levels and instream flow use, <br /> <br />ANALYSIS <br /> <br />1. Express Statutorv Authoritv and CWCB Rules <br /> <br />The relevant statutes authorize the CWCB to acquire storage water rights for release for <br />instream flow use. Section 37-92-102(3) authorizes the CWCB to acquire "water, water rights, <br />or interests in water in such amount as the board determines is appropriate for stream flows, . ' <br />to preserve or improve the natural environment to a reasonable degree." This authority is broad <br />and includes any kind of water right, including a storage water right, that the CWCB can use for <br />instream flow purposes. <br />