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<br />Page 2 <br /> <br />Department of Agriculture and the United States Department of the Interior." 1986 Colo. Sess. <br />Laws 1095 S 1 (emphasis added). That ,amendment also requires that all recommendations, <br />including those of the United States, "must be made with specificity and in writing in order that <br />any appropriation made by the board may be integrated into the statewide system for the <br />administration of water rights." S 37-92-102(3)(e), C.R,S. (2002). <br /> <br />In the past, the U.S. Forest Service has.raised the concern that it would be unable to protect <br />instream flow water rights ifthey were held solely by the CWCB. Section37-92-l02(3) <br />authorizes the CWCB to contract with,any person, including a governmental entity, from whom <br />it acquires water or water rights. However, that provision would not apply where the CWCB <br />was implementing a federal agency's recommendation, but not actually acquiring water or a <br />water right from the agency. Former Colorado Attorney General Gale Norton concluded that the <br />CWCB nonetheless had authority under its authorizing legislation to enter into an agreement <br />with the Secretary of Agriculture obligating the CWCB to protect and enforce an instream flow <br />right in a wilderness area. See attached Memorandum from Gale A. Norton, Attorney General, <br />to Colorado Water Board Re: Authority of the Colorado Water Conservation Board to Contract <br />with the Secretary of Agriculture to Enforce Instream Flow Rights in the Piedra Wilderness Area <br />(Sept. 11, 1991); see also Letter from James S. Lochhead, Executive Director, Dept. of Natural <br />Resources to Elizabeth Estill, Regional Forester, U.S. Forest Service (Feb. II, 1997). <br /> <br />I believe that Colorado agencies would welcome the opportunity to work with the Department of <br />the Interior to enable it to obtain water for federal purposes through state law mechanisms, rather <br />than reserved rights. Please feel free to call me if you have any questions or if! can be of further <br />assistance. ' <br /> <br />Sincerely, <br /> <br />FOR THE ATTORNEY GENERAL <br /> <br />.?-t~ (/...J~ <br /> <br />WENDY WEISS <br />First Assistant Attorney General <br />Federal and Interstate Water Unit <br />Natural Resources and Enviromnent Section <br />(303) 866-5008 <br />(303) 866-3558 (FAX) <br />Email: wendy.weiss@state.co.us <br /> <br />cc: Greg Walcher, Executive Director, Dept. of Natural Resources <br />Rod Kuharich, Director, Colorado Water Conservation Board <br />Hal Simpson, State Engineer <br />Kent Holsinger, Assistant Director for Water, Dept. of Natural Resources <br />