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000797 DRAFT FINAL DRAFr - 12/19/91 "A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise. " AIda Leopold - A Sand County Almanac INTRODUCTION The Colorado legislature established an instream flow program in 1973 by expanding the definition of beneficial use to include those minimum flows of natural streams and lakes "as are required to preserve the natural environment to a reasonable degree" (CRS 37-92- 103(4)(1973). Subsequent amendments in 1986 and 1987 state that the Colorado Water , Conservation Board is the only entity authorized by State law to appropriate water for instream flows and allow the Board to request recommendations concerning instream flows from federal land management agencies (Vandas et al, 1990). Section 3(a)(3) of lile F"'m....! w'Rh :\mBBJ........l ttfS. 1029, the Colorado Wilderness Act of 1991, states that "while the Piedra Wilderness designated by section 2(a)(10) of this Act is located downstream of numerous State-granted conditional and absolute water rights, the Forest Service can adequately protect the water-related resources of this wilderness area by working in coordination with the Colorado Water Conservation Board through a contractual agreement between the Secretary [of Agriculture] and the Board to protect and enforce instream flow filings established pursuant to the provisions of section 37-92-102(3) of the Colorado Revised Statutes by the Colorado Water Court for Division 7." Section 3(c) of the Wirth amendment elaborates by stating that "neither the United States nor any other person shall assert any right for water in the Piedra River for wilderness purposes except those established pursuant to the provisions of section 37-92-102(3) of the Colorado Revised Statues by the Water Court of Water Division 7 of the State of Colorado. " Section 3(b)(2) of the proposed amendment states that "the United States may acquire such water rights as it deems necessary to carry out its responsibilities on any lands designated as wilderness by this Act pursuant to the substantive and procedural requirements of the State of Colorado; provided that nothing in this Act shall be construed to authorize the use of eminent domain to acquire water rights for such lands. " ~,I\ As a result of the direction included in the Wink lIIlIeREI~ memorandum of understanding was executed between the State of Colorado, acting through the Colorado Water Conservation Board, and the United States of America, acting through the Department of Agriculture _ Forest Service. The memorandum established the basis for cooperation in data collection and analysis between the two agencies and for the development of a joint recommendation from the Forest Service and Colorado Division of Wildlife to the Board identifying the minimum instream flows necessary to adequately protect the water related resources of the Piedra River within the proposed wilderness area. Page 3