BOARD01298

• Board Meeting Date: 3/24/2003
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

Colorado Water Conservation Board
. Department of Natural Resources

Bill Owens, Governor
Greg Walcher, DNR Executive Director
Rod Kuharich, CWCB Director

[phone]

August 2002

Senate Bill 02-156 FACT SHEET
CONCERNING CHANGES OF ABSOLUTE WATER RIGHTS
FOR PURPOSES OF INSTREAM USE

Background

.

The state legislature created the instream flow
and natural lake level program in 1973,
authorizing the Colorado Water Conservation
Board to "appropriate.., or acquire such waters
of naturai streams and lakes as may be required
to preserve the natural environment to a
reasonable degree," Since then, several
changes have been made to the enabling
statute and the word "minimum" was added to
define the amount of water the Board could
appropriate, In 1986. the legislature modified
the statute to clarify the Board's authority to
acquire water for "minimum stream flows" to
preserve the natural environment. Senate Bill
02-156 removes the "minimum" standard for
acquisitions of existing water rights by the
Board, and broadens the Board's authority for
those acquisitions to preserve or improve the
natural environment. This legislation provides
an opportunity for the Board to acquire water,
from a willing seller or donor, in such amounts
as the Board determines is' necessary, to restore
or rehabilitate degraded streams or otherwise
improve the condition of the natural
environment.

.

By law, the Board must file a "Change of Water
Right" application with the Water Court and
protect other water right holders from material
injury,

Water acquired pursuant to this legislation is
also SUbject to the condition in 37-92-102(3)
CRS, that "nothing in this article shall , , ,
deprive the people of the State of Colorado of
the beneficial use of those waters available by
law and interstate compact."

Summary

. SB 156 was approved by the General Assembly
on May 20, 2002; signed by the Governor on May
21,2002; and became effective August 7, 2002,

. Allows the Board to acquire absoiute water rights,
including by donation, in such amount as the
Board determines is appropriate to preserve or
improve the natural environment to a reasonable
degree,

. Prohibits the Board from using the Construction
Fund to purchase water for instream flows, but
allows the Board to use any other available funds
for such purpose,

. Prohibits the Board from acquiring water that
would involve removai of existing infrastructure
without approvai of the current owner, or from
acquiring water that was obtained by the current
owner through condemnation actions,

The Board will initiate rulemaking in Fall
2002 to implement the provisions of
SB 156,