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<br />, ' <br /> <br />!'''';~'',t')~ <br /> <br />CQz. 4'T) <br /> <br />Cooperation with Applicants for Instream Flow Protection <br />Another means of protecting the Board's ISF water rights is for the CWCB staff to work <br />with the Applicants prior to their filing an application with the water court. If the Applicant <br />and staff can work together and agree on fully protective tenns and conditions to be <br />included in the water rights application and the fmal decree, a Statement of Opposition by <br />the Board can be avoided, Not only does this ensure full protection of the Board's [SF water <br />right appropriations, but it also streamlines the process, which saves the Applicant and the <br />state valuable time and resources. <br /> <br />cweB's Water Acquisition Prol!ram <br />[n 1986, the Colorado legislature amended the ISF statute with Senate Bill 91 (SB-9l) to <br />accommodate federal instream flow needs. The new statute required that the CWCB, in <br />addition to requesting ISF recommendations from state agencies, also request <br />recommendations from the United States Department of Agriculture and the United <br />States Department of the Interior. <br /> <br />The SB-91 was intended to eliminate the need for federal agencies to independently <br />pursue instream flows through the enforcement of a variety of pennits and environmental <br />statutes on federal lands. For example, the U.S. Forest Service (USFS), under the federal <br />Land Policy and Management Act, may try to assert claims for a certain amount of <br />bypass flows before issuing a new permit or renewing an existing pennit for the <br />construction of storage or diversion structures on Forest Service land. Or, the U.S. Army <br />Corps of Engineers that issues Section 404 Permits in consultation with the U.S. Fish and <br />Wildlife Service may use the Endangered Species Act (ESA) to ensure the consideration <br />of instream values during the water use permitting process. Under SB-9l, the federal <br />agencies have the opportunity to provide instream flow recommendations to the Board <br />for protecting the natural environment on the public lands. <br /> <br />In addition to inviting federal participation in the state's ISF Program, SB-9l also <br />provides the CWCB with the authority to enter into cooperative agreements with other <br />water users or entities to preserve the natural environment. The CWCB is authorized to <br />acquire water, water rights, or interests in water from any person or entity to supplement <br />the existing ISF water rights or use the water as a source to approprIate new instream <br />flow water rights. As a result of this amendment, the Water Acquisition Program (W AP) <br />was created as a component of the ISF Program to acquire water for instream flow uses, <br />The WAP provides the means for the CWCB.to acquire water through various <br />contractual agreements, ranging from donation to lease and purchase, thus providing <br />some assurances for maintaining a flowing stream, which may otherwise be unavailable <br />under the CWCB's appropriative rights. <br /> <br />Cooperation between the CWCB and the USFS <br />The CWCB and the USFS have had several dialogues to initiate cooperative efforts for the <br />protection of natural environment on USFS lands. These include discussions on potentially <br />transferring the water rights that might go along with lands that the USFS has acquired (via <br />purchase or land exchange) to the CWCB for ISF purposes. <br /> <br />3 <br />