Board Meeting 10/01/1987

• Board Meeting Date: 10/1/1987
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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NFS lands on the San Isabel and Pike National Forests in Water
Division 2 and the San Juan National Forest in Water Division.7.

The Water Court in Water Division 2 granted summary judgment in favor
of the State of Colorado and several other objectors on the basis that
the decision of the Colorado Supreme Court in United States v. Denver,
656 P.2d 1, 22-23 (Colo. 1982) barred such claims under the doctrines
of collateral estoppel and stare decisis. The United States appealed
to the Colorado Supreme Court. Briefs have been filed and oral argu-
ments were heard on July 1, 1987. It is, therefore uncertain whether
the United States will be allowed to present claims for instream flow
to protect the primary purposes of the National Forests. This issue
is moot in Water Division 4, 5, and 6 because the Water Court has
entered final judgment following the decision in United States v.
Denver, supra.

c.

Colorado Water Conservation Soard Instream Flows and Lake Levels

It is unclear at this time w~ether any entity other t~an the Colorado
Water Conservation Board can make an appropriation for an instream
flow or minimum lake level. The Board does have many water rights in
the various wilderness areas to protect the environment to a "reason-
able degree." However, the quantities appropriated appear to be
primarily for fisheries purposes and would need to be evaluated in a
.specific situation to determine whether such quantities would be
meaningful for wilderness water resource protection.

In any event, as we have alr@ady pOinted out, assertion of any kind of
water right is not a necessary means of protection of the water
resources of the 24 wilderne~s areas at issue in this case.

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