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<br />Final Report <br /> <br />April 2004 <br /> <br />Mission Statement <br /> <br />The Mission ofthe Pathfinder Steering Committee is to assist the Forest Service in <br />providing appropriate instream flow protection on the GMUG National Forests. <br /> <br />Background oflnstream Flow Protection <br /> <br />Instream flow is the term generally referring to surface water that remains in the natural <br />channel of a stream. In Colorado, as in most western states, surface water flowing in a <br />stream is available to anyone who can make beneficial use ofthe water. Historically, that <br />has meant that water is diverted via a constructed ditch or pipeline from the natural <br />stream channel to agricultural lands or other locations where the water can be put to use <br />for the purposes of growing crops, manufacturing products, or supplying water for human <br />or animal consumption. The original purpose of Colorado water law was to adjudicate <br />and administer the process of diverting water from the streams and protect the water put <br />to beneficial use. <br /> <br />As Colorado's population has grown and development continues, demand for water has <br />increased and diversion of water has resulted in diminished instream flows. Historically, <br />Colorado water law did not have provisions to protect instream flows because in-situ use <br />ohyater to maintain stream flows did not meet the traditional definition of beneficial use. <br />Today, under Colorado State Law, the Colorado Water Conservation Board (CWCB) has <br />the exclusive authority to acquire and appropriate water, water rights, and interests in <br />water to protect instream flows. The CWCB Instream Flow and Natural Lake Level <br />Program (Colorado ISF Program) under statutory authority can appropriate minimum <br />stream flows to preserve the natural environment to a reasonable degree. The Colorado <br />ISF Program can also acquire existing water rights for subsequent conversion to instream <br />flow rights for the preservation and improvement of the natural environment. Although <br />the Colorado IFS Program includes natural lake-level protection, the focus of the Steering <br />Committee is on instream flow protection. <br /> <br />Issues and Concerns <br /> <br />Two major issues and concerns surfaced in early meetings of the Steering Committee. <br />They involved bypass flows and the use of the Colorado ISF Program. <br /> <br />The Forest Service may require bypass flows as a condition of special use permits on <br />National Forest lands. It should be noted that requiring bypass flows as a condition of <br />special-use permit renewals is much more controversial than conditions placed on new <br />permits. <br /> <br />2 ~37-92-102(3) C.R.S. <br /> <br />- 2 - <br />