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, , 0012J4 COLORADO WATER CONSERVATION BOARD Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver. Colorado 80203 Phone: 003l 866-3441 ROY ROMER, GOVERNOR STATE OF COLORADO ~ - I. William McDonald Director David W. Walker Deputy Oirector MEMORANDUM TO: Members. CWCB FROM: Bill McDonald DATE: September 22. 1987 SUBJECT: Agenda Item 23b. October 1-2, 1987, Board Meeting-- Statements of Opposition, Instream Flow Program National Park Service (Rocky Mountain National Park) The stipulation proposed by the Board for the change of water rights applications in Divisions 1 and 5 has been agreed to by the United States (copy enclosed). Recall that these applications sought to change the historic uses of acquired water rights to new instream flow uses within the boundaries of Rocky Mountain National Park. As you well know. the question of whether the Board should resist instream flow water right claims by the United States on the grounds that the Board is the only person or entity with such authority in Colorado has been hotly debated for years. The stipulation entered into in these cases, coupled with the expression of legislative intent in section 1 of S.B. 212 (1987 Session) and the legislative history behind that section, now make it clear that the Board will not and need not take such a position if authority exists in federal law for the United States to appropriate instream flow water rights for the purposes claimed. In order that interested parties might be fully apprised of the Board's position, I recommend that the stipulation which has been entered into be widely distributed and that it be sent under cover of a letter which explains the Board's position in this regard. JWM/gl Enclosure: as stated 4836E