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<br />Boulder Creek subject to its <br />successful change to ~nstream flow <br />protection with the CWCB as a co- <br />applicant, and then conveyed the <br />water right to the CWCB on the <br />condition that the water right <br />would revert to The Nature <br />conservancy if the CWCB did not use <br />it for instream flow protection. <br />b. An amendment to Colorado's instream <br />flow statue was introduced this year <br />(S.B. 212) which suggests that the <br />CWCB's authority to exercise and defend <br />water rights acquired for and changed <br />to instreamflow protection may be <br />enforced under the contract by which <br />the 'CWCB acqu ired the water right. <br />C. The U.S. is also able to acquire and change <br />water rights to instream flow protection. <br />1. In the Castle Creek cases mentioned above, <br />the U.S. brandished its Property and <br />Supremacy powers and obtained decrees from <br />the Oivision No. 5 Water Court changing <br />conditional water rights to instream flow <br />protection without licensing or conveying <br />any interest in the water rights to the <br /> <br />24 <br />