BOARD01703

• Board Meeting Date: 5/5/1981
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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DAVIS, GRAHAM & STUBBS
ATTORNEYS AT LAW

..JOHN M. SAYRE
892.437.1

2600 COLOFlAOO NATIONAL BUIl.DING
950 SEVENTEENTI-l STREET
DENVER, COLORADO 80202

TELEPHONE. [phone]
TE..ECOPIE:R 303-893-1379
CA8l..E OAVGRAM, OE:NVE:R

SUITE 400
1300 NINETEENTH STREET N. W.
WASHINGTON, D. C. 20036
TELEPHONE [phone]$12
TELECOPIEFl 202.293.4794

MAILING ADDRESS
POST OF"I""ICE: sox 185
DENV:::R, COI.ORD.,OO 80201

April 23, 1981

Senator Fred Anderson
President
Colorado Senate
State Capitol
Denver, Colorado 30203

Senator Maynard Yost
Chairman
Senate Agricultural Committee
State Capitol
Denver, Colorado 80203

Re: Senate Bill 414, Minimum Stream Flows

Dear Senators Anderson and Yost:

The Directors of the Northern Colorado Water Conservancy
District have expressed to you previously their strong support
for Senate Bill 414 as it left the Senate. That version would
have required the Colorado Water Conservation Board, in filing
for a minimum flow right or in defending such a right, to balance
water needs for the many beneficial uses to be made of water in
this state, including preservation of the natural ~nvironment
to a reasonable degree. Thus, the State would continue to have
a viable minimum stream flow program which fits into the Colorado
doctrine of prior appropriations.

As leaders in the field of water legislation, you will
recall that the minimum stream flow law was passed with the express
intention of recognizing that preservation of the environment to
a reasonable degree is a beneficial use of water. Each water right
of the Colorado Water Conservation Board obtained for this purpose
takes ,its place within the priority system as a junior right, so
that the exercise of senior conditional and absolute water rights
is not disturbed.

Uhder Colorado water law, any senior right must be
observed by a junior. However, when any water rights holder pro-
poses a change of water right which materially injures any other
water right, including injury to a junior right by a senior's
change in point of diversion, or use or time, place or extent
of use, material injury to all other rights must be avoided or
rectified. C.R.S. 1973, 37-92-3050), (4), (5), and (8); 37-8-120;
Hallenbeck ~. Granby Ditch and Reservoir Company, 144 Colo. 485,
495-496, 357 P.2d 358 (1960).