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<br />00lS'62 <br /> <br />-2- <br /> <br />i <br />\ <br />Efforts at state legislation for the protection of Colorado <br />, <br />rivers have been and still are going on with some successes that may <br />provide a sound legal basis for the enactment of a Colorado version <br />the federal bill. 3 ' <br /> <br />well <br />of <br /> <br />Meanwhile, many people in Colorado hope for steps to be taken <br />under the federal bill to protect and preserve what little remains of <br />Colorado's free-flowing wild~ scenic and recreational rivers, even if <br />such steps require the expenditure of funds to compensate persons with <br />existing state water rights, which presently have not yet been built or <br />developed to any significant degree. <br /> <br />REGIONAL SETTING & COMPOSITE DESCRIPTION OF THE PINEY AREA <br /> <br />. <br /> <br />The twenty-five mile long Piney River is located in the northwest <br />corner of Eagle County, Colorado. It's total drainage comprises 86.2 <br />square miles. (see attached topographic map.' Its headwaters arise <br />in the Gore Eagle's Nest Wilderness Area along the west side of the Gore <br />Range, which contains seventeen peaks of elevations in excess of 13,000 <br />feet above sea level. The Piney flows out of the high alpine country <br />through the meadows in the Piney Lake vicinity which is just below the <br />present wilderness boundaries. Englargement of those boundaries is <br />presently under consideration. 4 Below Piney Lake it roars down through <br />several miles of canyon country. The river then slows up and meanders <br /> <br />. <br /> <br />3. The General Assembly has given final approval to Senate Bill <br />97, an amendment to the Colorado water statutes which authorizes and <br />directs the State Water Board to appropriate public stream flow waters <br />for the beneficial use of preserving the natural environment. Historically, <br />the Colorado System has never been interpreted to permit in-stream <br />water rights for environmental protection. Most state court decisions <br />recognize only classical beneficial uses, such as agriculture, industry <br />and domestic, as legal water uses. These decisior.s indicated thatla <br />diversion is a prerequisite to an appropriation and that an in-stream <br />appropriation, lacking a diversion, shall always be denied. S.B. 97 <br />may be a helpful step towards the passage of a state scenic river system. <br />Also pending this session is a proposal within the new proposed <br />state water quality act for "P+otect,ed Streams." Under this proposal <br />the water quality commission would be authorized to prohibit or regulate <br />diversions, impoundments, etc., on scenic streams for the purpose of <br />maintaining water quality in such streams. <br /> <br />4. Several measures are pending in Congress for the enlargement <br />of the Gore Eagle's Nest Wilderness Area. Citizen groups are backing a <br />proposed bill with boundaries large enough to save Piney Lake and the <br />headwaters of the Piney, where the Denver Water Board, among others, filed <br />for rights to construct a huge transmountain diversion project. (see <br />Exhibit B' <br />