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<br />(. <br />, <br /> <br />E. <br /> <br />( <br /> <br />CWCB and without the CWCB joining in the <br /> <br />wa ter cou rt proceed i ng. <br /> <br />2,. The U.S. is currently seeking to change a <br /> <br />number of water rights acquired in the <br /> <br />expansion of Rocky Mountain National Park <br /> <br />to instream flow protection and other uses, <br /> <br />agai n wi thou t the support of the eWCB. <br /> <br />3. This year's proposed amendment to <br /> <br />Colorado's instream flow. statue (S.B. 212) <br /> <br />would recognize this federal prerogative to <br /> <br />change acquired water rights to instream <br />uses in state water court without the CWCB. <br /> <br />D. <br /> <br />Such prerogatives of the CWCB or the U.S., <br /> <br />however, may not satisfy a private party who <br /> <br />feels unable to persuade either the CWCB or the <br /> <br />U.S. to exercise and defend instream flow water <br /> <br />rights with the same zeal that he or she would <br /> <br />like. This year's proposed amendment to <br /> <br />Colorado's instream flow (S.B. 212) statute <br />would expressly preclude any private right of <br />appropr~ation for instream flow protection, <br /> <br />while it would authorize limited review of the <br /> <br />eweB actions to prevent.injury to the instream <br /> <br />flow water rights which it holds. <br />In expressly precluding any private right of <br /> <br />appropriation for instream flow protection, the <br /> <br />25 <br />