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for the Cache la Poudre Heritage Area in northern Colorado. The area was authorized by Congress under legislation authored by former Colorado Sen, Hank Brown to interpret the area's cultural, historic and na tural resources in a western water development theme. Denver Water Rights Application in Waterton Canyon: On December 14,2005, the Denver Water Board ("OW") adopted a resolution authorizing its staff "to take whatever action they deem necessary, including the filing and adjudication of water court applications, for the preservation and protection of the Board's operations under the Water Management Plan for the South Platte River Canyon below Strontia Springs Dam dated May 1,1979 as revised May 10,1979," On December 15,2005, CWCB staff met with Bill Bates of the OW staff to discuss options regarding implementation of the resolution and whether the CWCB's ISF Program could aid Denver in accomplishing its goals, . Apparently, the concern that prompted the resolution was an increase in water right/water use activity over the past few years within the reach of the South Platte River from the outlet of Strontia Springs Dam to Chatfield Reservoir, This activity was impacting or threatening to impact the flows that OW was required to insure were in the stream as part of its permit obligations, The permit required OW to develop a water management plan to reduce the risk of loss of both fish life and fish habitat resulting from stream flow fluctuations through Waterton Canyon, A copy of the Water Management Plan can be found in the Attachment Section of this report.. As part of the Management Plan, OW agreed "to provide average daily flows of 60 cfs from May 15 to September 15 and 30 cfs from September 16 to May 14." These flows "could be satisfied using the natural flow to the South Platte River, waters of other appropriators, and the OW's own appropriated waters." As with most federal permit requirements or bypasses, there is no water right associated with these flows, Therein lies the problem for OW, The unappropriated or undecreed waters that were making up DW's flow requirements were not protectable as against new appropriations, changes of water rights, or uses that are occurring or may occur in the future. Apparently, OW experienced such a flow shortage situation this past summer, Options that OW staff considered to address this problem included a "RICO or recreation based" type of application. OW staff stated that OW is not interested in developing a recreational boating facility as provided for in SB 216, but instead a filing more closely aligned with the Ft. Collins or Littleton applications, Other possible options that OW considered and that were discussed at the December 15 meeting include: . adding multiple refill rights to Strontia Springs Dam (The new storage decree would be for fishery uses in the reach between Strontia Springs Dam and Chatfield Reservoir. This approach would be similar to the Taylor Park Reservoir refill right.); . some type of municipal exchange use which would adjudicate the exchange of water from Chatfield Reservoir up to Strontia Springs Reservoir for release to the stream for flow maintenance purposes; . having CWCB file for a junior ISF water right to preserve the natural environment between the two reservoirs (OW staff expressed concerns about Denver's potential loss of flexibility for future operations resulting from a CWCB held water right. Also, the earliest the CWCB could file for such a water right would be 2006, while OW intended to file in 2005,) . some combination of the above, including a donation of "an interest in water" to the CWCB ISF Program, . CWCB staff informed OW staff that it is very interested in working with DW to see if the CWCB ISF Program could help address OW's issues in accordance with State law; however, in water court filings for instream uses, the CWCB looks very closely at protecting its exclusive authority to hold instream flow water rights, Section 37-92-102(3) CRS states: "In the adjudication of water rights pursuant to this article and other applicable law, no other person or entity shall be granted a decree adjudication a right 43