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<br />e <br /> <br />e <br /> <br />e <br /> <br /> <br />Page I of2 <br /> <br />CWCB holds instream flow meeting for public <br /> <br />By Karen Metzger, from The Norwood Post <br /> <br />For the last 25 years, the Colorado Water Conservation Board has been <br />acquiring water rights on Colorado rivers, not to extract water but to <br />leave it in the stream. The board will host a meeting on Thursday at 7 <br />p,m. in Room 201 of the Miramonte Building to explain CWCB and the <br />Instream Flow Program as well as discuss its filings on the section of the <br />San Miguel River from Fall Creek to Horsefly Creek and other San <br />Miguel tributaries <br /> <br />The Fall Creek-to-Horsefly section is the CWCB's top priority for <br />protection in 2002 and the highest ranking stream segment currently <br />being considered by the board for instream flow consideration. <br /> <br />The second highest priority is a cluster of some two dozen tributaries of <br />the San Miguel and the Dolores rivers that contain cold water and <br />warm/cool water fishery environments. <br /> <br />CWCB already has water rights on the San Miguel and many of its <br />tributaries, most filed in 1984. This recent filing moves the instream flow <br />protection downstream. <br /> <br />Because the CCC ditch'has very senior water rights, a certain flow is <br />guaranteed to that diversion point, which is below Horsefly Creek. <br />Where the CWCB's water rights become valuable is if, at a future point, <br />senior water right holders wish to modify their appropriation or another <br />extraction occurs upstream that will injure other water rights holders. For <br />example, if a hydroelectric plant were located on the San Miguel <br />upstream ofthe CCC ditch it could pull water out and put it back in the <br />river in time to satisfY the senior water rights holders. But, it would likely <br />damage the section of the river where the CWCB has instream water <br />rights. <br /> <br />"The teeth of these junior water rights is that the holder is entitled to the <br />stream flow conditions at the time of appropriation," said CWCB Section <br />Chief Dan Merriman. "So modifications to existing rights must not injure <br />other holders; our rights allow us to maintain the status quo." <br /> <br />Popular misconceptions about the CWCB's rights are that they can affect <br />senior water right holders, but the first in time, first in right water rights <br />law prevails. The CWCB rights work within the appropriation schedule <br />that all others follow. <br /> <br />The difference in CWCB'S rights is that they do not have to extract the <br />water, like other rights holders. Instead, the CWCB's water stays in the <br /> <br />http://www.telluridegateway.com/archive/200 1_ archive/06040 1 dp.html <br /> <br />07/10/2001 <br />