BOARD00434

• Board Meeting Date: 3/21/2002
• Description: ISF Section - Proposed ISF Appropriations 2002-2003 Work Plan Priorities
• Board Meetings - Doc Type: Memo

streams with high community interest, unique or rare species (not just fish), experiencing
developmental pressure and to also preserve the streams water quality values.

high .

Discussion
The General Assembly in 1973 enacted Senate ~ill 97 created the Colorado Instream Flow and
Natural Lake Level Program (ISF Program)! to be administered by the Colorado Water
Conservation Roard ~37-92.102(3) C.R.S. (1990)~ The Statutory framework for the ISF Program
enables the CWCR to acquire and protect a property right in water within the framework of
Colorado's prior appropriation system. The water right created by the ISF Program is unique to
Colorado Water Law because it allows the CWCR to put water to the non-consumptive beneficial
use of preserving the natural environment to a reasonable degree without the requirement of
diverting or controlling water within a stream i reach. This unique water right can only be
obtained by the CWCR, "... no other person or: entity shall be granted a decree adjudicating a
right to water or interests in water for instream flows or natural lake levels for any purposes
whatsoever." .

The purpose of the ISF Program is "... to correlate the activities of mankind with some
reasonable preservation of the natural environment." The Program's goal is to appropriate those
instream flows or lake levels necessary to preserve the natural environment to a reasonable degree
while balancing the need for the consumptive iJse of water. While the CWCR recognizes the
importance of its role in preserving the natural environment to a reasonable degree with the ISF
rights, the CWCR must achieve this goal withou( adversely affecting Colorado's ability to put its
various compact entitlements to beneficial con~umptive use. These rights may not protect all
habitats and ecosystems nor may they provide an 'optimum degree of preservation. .

The CWCB's Instream Flow Program is continuing to work with other State and Federal agencies,
local communities, cities, local environmental groups and other interested parties to face the many
complex and challenging issues regarding its instfeam flow appropriations. The future may require
the CWCB's Instream Flow Program to continue tp address important emerging issues such as water
requirements for declining, threatened and/or! endangered species, identifying methods for
determining instream flow needs for non-fisheries, and the continued correlation of mankind's need
for future economic growth and development; with a reasonable preservation of the natural
environment.

However, with current staff and resource constra,ints, the stream and lake protection staff can not
process every recommendation that is brought to <pur attention. Therefore, it is critical that we begin
to identify instream flow appropriation priorities, !>taff has developed a work plan which identifies a
pool of approximateiy 100 streams, stream segments and/or natural lake levels for data collection in
which it intends to bring instream flow or natura~ lake level recommendations to the Board in the
upcoming years, Staff feels that by identifying ~OO streams, stream segments and/or natural lake
levels for data collection will allow it the flexibility to adjust its work schedule to account for the
possibility of unforeseen or unfavorable data collection conditions which may occur in a specific
water division or watershed,

As per Instream Flow Rule 5,10, staff will collaborate with State and Federal agencies and other
interested persons to plan and coordinate collecti\Jn of field data necessary for development of ISF .
recommendations.

Flood Protection. Water Project Planning ~nd Financing. Stream and Lake Protection
Water Supply Protection. Conservation Plarming
Page 2 of8