BOARD02103

• Board Meeting Date: 3/26/2001
• Description: ISF Section - Proposed ISF Appropriation 2002 Work Plan Priorities
• Board Meetings - Doc Type: Memo

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variety of processes including public requests, BLM pll/nning processes, legal requirements and by
commitments of tax dollars to purchase lands along streal\'1s,
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Participants heard from the City of Boulder and their requests and comments regarding instream flow
protection along stream corridors to preserve the enjoynient of present and future city residents along
these corridors. Communities are spending large swns of public tax dollars on providing recreational
opportunities for their citizens and would like protection for the water resources.

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Participants also heard from state based enviromnental ~oups about the need to protect streams with
high community interest, unique or rare species (not :just fish), experiencing high developmental
pressure and to also preserve the stream's water quality values.

Discussion

Tlte General Assembly in 1973 enacted Senate Bill 97 created the Colorado [nstream Flow and
Natural Lake Level Program (ISF Program) to i be administered by tlte Colorado Water
Conservation Board g37-92-102(3) c'R,S, (1990). T~e Statutory framework for tlte [SF Program
enables the CWCB to acquire and protect a property right in water within the framework of
Colorado's prior appropriation system. Tile water rfght created by the [SF Program Is unique to
Colorado Water Law because it allows the CWCB to put water to the non-consumptive beneficial
use of preserving the natural environment to a reasonable degree without the requirement of
diverting or controlling water within a stream reqch, This unique water right can only be
obtained by the CWCB, "... no other person or entity shall be granted a decree adjudicating a
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right to water or interests in water for instream jlpws or natural lake levels for any purposes
whatsoever. "

The purpose of the [SF Program is "... to correlate the activities of mankind with some
reasonable preservation of the natural environment." The Program's goal is to appropriate those
instream jlows or lake levels necessary to preserve the natural environment to a reasonable degree
while balancing the need for the consumptive use of water. While the CWCB recognizes the
importance of its role in preserving the natural envIronment to a reasonable degree with the [SF
rights, the CWCB must achieve this goal without a~versely affecting Colorado's ability to put its
various compact entitlements to benejlcial consUl"ptive use, These rights may not protect all
habitats and ecosystems nor may they provide an optimum degree of preservation,

The CWCB's Instream Flow Program must continue to work with other State and Federal agencies,
local communities, cities, local enviromnental groups and other interested parties to face the many
complex and challenging issues regarding its instream flow appropriations, The future will require
the CWCB's Instream Flow Program to continue t~ address important emerging issues such as the
water requirements for declining, threatened and/'1r endangered species, identifying methods for
determining instream flow needs for non-fisheries,: water quality concerns, recreation or aesthetic
needs and the continued correlation of mankind's ne~d for future economic growth and development
with a reasonable preservation of the natural environment.

However, with current staff and resource constraiqts, the stream and lake protection staff can not
process every recommendation that is brought to oljr attention. Therefore, it is critical that we begin
to identify instream flow appropriation priorities. ~taff feels that it can process up to 25 streams,
stream segments and/or natural lake level recoffi1l).endations a year with its current resources and
workload. Staff intends to develop a work plan which identifies a pool of approximately 75 streams,

Flood Protection' Water Project Planning arid Financing. Stream and Lake Protection
Water Supply Protection ~ ConseNatlon Planning