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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Colorado's Instream Flow/Natural lake level Program <br />legislative History and Program Milestones <br /> <br />1973 -- Authorizinq Leaislation - Senate Bil/97 <br /> <br />Recognized the need to correlate the activities of mankind with some reasonable preservation of the <br />natural environment. Vested the Colorado Water Conservation Board with the authority to appropriate <br />the water of natural streams and iakes in the state to preserve the natural environment. Formally <br />recognized appropriations by the Board for instream flows and natural iake levels as beneficial uses, <br /> <br />1975 - Water Court Challenqe bv West Slope Water Users <br /> <br />In 1975, the Colorado River Water Conservancy District and others filed a suit in water court <br />challenging the constitutionality of the Program, The case was ultimately heard by the Colorado <br />Supreme Court, which in 1979 issued a ruling upholding the instream flow statues, <br /> <br />1981 Amendment to Leaislation - Senate Bil/414 <br /> <br />Required the Colorado Water Conservation Board to make certain determinations before initiating an <br />instream flow or natural lake level water right filing: <br /> <br />· That the natural environment will be preserved to a reasonable degree by the water available <br />for the appropriation to be made; <br /> <br />· That there is a natural environment that can be preserved to a reasonable degree with the <br />Board's water right; and, <br /> <br />· That such environment can exist without material injury to water rights, <br /> <br />The 1981 amendment also: 1) addressed the use of transbasin water, 2) made instream flow <br />appropriations subject to existing uses or exchanges of water, and 3) prohibited the state or others <br />from condemning private land to gain access to instream flow or natural lake level water rights, <br /> <br />Other Amendments <br /> <br />1986 Senate Bill 91 - Clarified the Board's authority to acquire water, water rights or interests in <br />water to preserve the natural environment; clarified procedures for requesting <br />recommendations from federal agencies. <br /> <br />1987 Senate Bill 212 - Reaffirmed to Board's exclusive authority to appropriate water for <br />instream flows or natural lake levels, <br /> <br />1994 Senate Bill 54 - Limited the circumstances under which the Board may acquire conditional <br />water rights to use for recovery of endangered fish in the Colorado and Yampa River <br />drainages, <br /> <br />1995 Senate Bill 64 - Identified procedures the Board must follow when modifying decreed <br />instream flow water rights, clarified the Water Court's role in the adjudication of instream <br />flow water rights, and confirmed the use of the Program to recover endangered species, <br /> <br />2000 House Bill 1438 - Repealed the power of the Board to acquire conditional water rights for <br />instream uses, <br /> <br />2002 Senate Bill 156 '- Authorized the Board to acquire water, water rights or interests in water <br />to improve the natural environment. <br />