BOARD01409

• Board Meeting Date: 2/13/2001
• Description: Recreational Instream Flows Legislation
• Board Meetings - Doc Type: Memo

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RECREA TIONAL INSTREAM FLOW
LEGISLATION

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SECTION 1. [ADD ~ 37-92-102(5) as follows].

(5)(a) AT LEAST ONE YEAR before initiating a water rights filing for the adjudication
of a recreational instream flow, any county, city, town, home rule city, home rule county,
special district, water conservation district, or water conservancy district shall submit to the
Board for review following a public hearing thereon, a copy of the water rights application. In
detennining whether it shall recommend the approval or rejection of such application by the
water court, the board shall consider the following factors and make written findings thereon:

(1) Whether the adjudication and administration of the recreational instream flow
water right would impair the ability of Colorado to fully develop and place to beneficial
use its compact entitlements;

(2) The appropriate reach of stream required for the intended use;

(3) Whether the recreational instream flow water right can be placed to beneficial
use in view of the ownership of lands abutting the reach for which the right is sought;

(4) Whether exercise of the recreational instream flow water right would cause
material harm to other instream resources or values;

(5) Whether such recreational instream flow water right can be exercised without
material injury to the vested water rights or decreed conditional water rights of others;
and

(6) Such other factors as may be determined appropriate, and adopted as rules by
the Board, after public notice and comment.

(b) The Board shall not RECOMMEND THE APPROVAL OF A CHANGE OF
conditional water rights for such recreational instream flow purposes.

(c) WITHIN THE PERIOD ALLOWED FOR THE FILING OF STATEMENTS OF
OPPOSITION, THE BOARD SHALL REPORT ITS FINDINGS TO THE WATER COURT
FOR REVIEW PURSUANT TO SECTION 37-92-305(13).

SECTION 2. [Modify ~ 37-92-103(4) as follows].

(4) "Beneficial use" is the use of that amount of water as reasonable and appropriate
under reasonably efficient practices to accomplish without waste the purpose for which the
appropriation is lawfully made and, without limiting the generality of the foregoing, includes the
impoundment of water for recreational purposes, including fishery or wildlife, OR THE
DIVERSION OR IMPOUNDMENT OF WATER BY A COUNTY, CITY, TOWN, HOME
RULE CITY, HOME RULE COUNTY, SPECIAL DISTRICT, WATER CONSERVATION
DISTRICT, OR WATER CONSERVANCY DISTRICT, FOR RECREATIONAL INSTREAM
FLOW PURPOSES. For the benefit and enjoyment of present and future generations,
"beneficial use" shall also include the appropriation by the State of Colorado in the manner
prescribed by law of such minimum flows between specific points or levels for and on natural
streams and lakes as are required to preserve the natural environment to a reasonable degree.

. SECTION 3. [Modify ~ 37-92-103(7) as follows].

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