BOARD02627

• Board Meeting Date: 1/25/2005
• Description: ISF Section - Instream Flow Strategic Plan Workshop
• Board Meetings - Doc Type: Other

Statutory Authority ofthe Board and Board Staff

The Board's statutory authorities and responsibilities are defined in 37-60 and 37-92
C.R.S. The specific authorities are further discussed below.

Water Supplv Protection

Sections 37-60-106 and 37-60-115 C.R.S. (1990) set forth the statutory requirements for
the CWCB to protect the authority, interests and rights of the State and its citizens in
matters pertaining to interstate waters of the State of Colorado. Under these statutes, the
CWCB is required to cooperate with federal agencies and other states to better utilize the
waters of the State of Colorado, develop legislation to secure greater beneficial utilization
of these waters and recommend mitigation to maintain a balance between water
development and protection of the State's fish and wildlife resources. The Board also has
the authority to investigate and provide responses regarding activities of the federal
government and other state agencies that may affect the use and development of
Colorado's surface and groundwater water resources. The CWCB is responsible for
administration of major International Treaties, Interstate Compacts and U.S. Supreme
Court decisions impacting Colorado's Water Resources.

The following are the compacts and decisions the CWCB must continually administer, or
support other state officials in their administration:
. 1922 Colorado River Compact (37-61-101 to 37-61-104 C.R.S.)
. 1922 La Plata River Compact (37-63-101 and 37-63-102 C.R.S.)
. 1923 South Platte River Compact (37-65-101 C.R.S.)
. 1938 Rio Grande Compact (37-66-101 and 37-66-102 C.R.S.)
. 1942 Republican River Compact (37-67-101 and 37-67-102 C.R.S.)
. 1944 Costilla Creek Compact (Rev. 1963) (37-68-101 and 37-68-102 C.R.S.)
. 1945 Treaty between United States and Mexico, Utilization of waters of the
Colorado and Tijuana Rivers and of the Rio Grande
. 1945 Nebraska v. Wyoming (325 U.S. 589)
. 1948 Upper Colorado River Compact (37-62-101 to 37-62-106 C.R.S.)
. 1949 Arkansas River Compact (37-69-101 to 37-69-106 C.R.S.)
. 1957 Wyoming v. Colorado ((309 U.S. (1940)), (259 U.S. 419 (1922))
. 1969 Animas-La Plata Project Compact (37-64-101 C.R.S.)

Section 37-92-102 C.R.S. requires applicants for Recreational In-channel Diversion water
rights to provide a copy of their application to the Board. The Board must review the
application and submit findings and recommendations to the water court within 90 days
of filing a Statement of Opposition. The Board must determine whether the water right
would promote the maximum beneficial use of water; impair the development of compact
entitlements; the stream reach is appropriate and accessible; injure a CWCB instream
flow; and evaluate other appropriate factors set forth in the Board's rules.

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