BOARD01180

• Board Meeting Date: 11/20/2000
• Description: ISF Section - Regional Flow Discussion of Next Steps
• Board Meetings - Doc Type: Memo

indicate its concurrenee or dissention wilh lhe individual statements. Ralher, the Staff is merely reporting
that these statements were made at the Workshop.

I. Participants stated that whitewater boating, including rafting and kayaking, is a major econornie benefit-
to local eornmunities, and to the State of Colorado, thus, boating flows should be capable of being
proteeted under the appropriation doctrine
2. Partieipants raised the question about what should be the amount ofan rCD that should be proteeled?
Should it be the maximum amount needed to achieve the rnost desirable or beneficial boating flows, the
minimum amount necessary for boat passage, or an amount necessary to aeeornmodate "world class"
boating?
3. Representatives of Clear Creek County stated that large downstream rCDs ean tie up water development
potential upstream for a relatively modesl eapital investment. This problem is not limited to rCDs,
however there is a differenee in capital between ICDs and power rights.
4. Partieipants reeognized that there is the possibility that rCDs eould be appropriated near the state
boundaries, whieh eould possibly prevent the state from utilizing its eompact entitlements.
5. Partieipants discussed how there are two types of RISFs, only the first of whieh currently may be legally
appropriated: 1) rCDs; and 2) URISFs. There is no eurrent legal authority to appropriate undiverted
instream flows for reereational purposes. However, under the Taylor Park Reservoir seeond fill ease, the
reservoir owners may appropriate water for storage, and then release the stored water for reereational
purposes.
6. Board members stated that their authorities include: 1) prornoting the eonservation of the waters of the
stale of Colorado; 2) seeuring the greatest utilization ofsueh waters; and 3) fostering the eonservation of
the water of the state of Colorado by the promotion and implementation of sound measures to enhanee
water use efficiency in order to serve all the water needs of the state, and assuring the availability of _
adequate supplies for future uses. Some participants suggested that the Board consider opposing water _
rights applications based on these eriteria, if appropriate, and not just filing statements of opposition in
order to protect the CWCB's exclusive authority to appropriale instream flow water rights to preserve
the natural environment to a reasonable degree.
7. Several parties suggested that no additional legislation is needed to assure that appropriations for rCDs
are not excessive. The CWCB (and other parties) may litigate issues in individual eases relating to
benefieial use and waste as they relate to rCDs as the water rights applieation for an rCD proeeeds
through the adjudieatory proeess in water eourt. The key is the reasonable applieation of existing law.
8. There was some agreement that any ehange in the law eould not affeet existing appropriated rCDs, sueh
as Golden's, or filings pending at the time of the law ehange.
9. Some participants argued that the CWCB should not interfere wilh rCDs and should not try to ehange
the law as it relates to rCDs.
10. Some partieipants stated that large appropriations for rCDs are no different than large appropriations for
hydro-eleetric power or agrieultural uses.
II. There is a need for different flow amounts to provide for different types of boating opportunities. (i.e.
rafting, kayaking, tubing).
12. Legally protecting RISFs won't neeessarily guarantee a longer boating season.
13. Some partieipants asserted that the CWCB is a more appropriate state ageney than State Parks to hold
RISFs.
14. Basin-wide planning approaehes should be eneouraged.
15. Representatives of federal agencies stated that that there musl to be ways to protect both types ofRISFs..
16. The CWCB instream flow staff should not be required to appropriate and protect RISFs unless _
additional FTEs are available because they are already understaffed.

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning