BOARD00194

• Board Meeting Date: 11/25/2002
• Description: Colorado Foundation for Water Education
• Board Meetings - Doc Type: Memo

'.

"

Gale A. Norton
Attorney..General
,Raymond T,'Slaughler
Chief Deputy Attorney General
Timothy.... Tymkovlch
Solicitor General

ID11r ~tttt~ nf <llnlnruIIn
DEPARTMENT OF LAW

OFP"CE OF THE ATrORNEY GENERAL

, 110 16th Street . 10th Floor
Denver. Colorado 80202
Phone [phone] , ,
FAX [phone]

September 11, 1991

ME M O,R AND U M

TO:

, Colorado Water

Board

FROM:

Gale A. Norton
Attorney General

RE: Authority of the, Colorado Water Conservation Board to
Contract with the Secretary' of Agric.ultu're to Enforce In-
stream Flow Rights in the Piedra Wilderness Area

You have asked for mY opinion as to whether the Colorado Water ,
Conservation Board has the authority to contract with the Secre-
tary of Agriculture to protect and enforce Boardinstream flow
water rights located in'a downstream wilderness area created by
the Colorado Wildernes. Act of 1991, S. 1029; ,As you know; an
important component of the Wirth-Brown compromise pill is that
Congress will not establish reserved water rights ,for the Piedra
Wilderness Area, but instead will rely on Board appropriations to
protect the, area's water-related'resources. The Act specifically
contemplates "a contractual agreement between the Secretary [of
Agridul ture] and, the Board . . . to protect and enforce instr,eam
flow filings established pursu'ant to the provisions of section
37-92-102(3) of the Colorado Revised Statutes by the Colorado
Water Court for Division 7 .; "Section 3(a)(3); see also'
section 3(c).

Section 37-92-102(3) provides, in relevant part:

The board also may acquire, by grant, pur-
'chase, bequest, devise, lease, exchange, or
other contractual agreement,' from or with
any person, including any governmental