Colorado s Instream Flow Program at 40. ICWP Annual Conference October 16, 2013 Denver, Colorado

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1 Colorado s Instream Flow Program at 40 ICWP Annual Conference October 16, 2013 Denver, Colorado

2 ISF Program established in 1973 by Senate Bill 97 Recognized the need to correlate the activities of mankind with some reasonable preservation of the natural environment Vested the CWCB with the authority on behalf of the people of the state of Colorado, to appropriate or acquire such waters of natural streams and lakes as may be required to preserve the natural environment to a reasonable degree.

3 Senate Bill Introduced in response to federal imposition of bypass flows on West Slope (Fry-Ark project) Wanted to maintain state control over water in Colorado and provide regulatory certainty ISFs provided a way to protect water instream past point of bypass Bill also introduced in response to threats of ballot initiative to allow private ISFs

4 Since 1973, the CWCB has Appropriated instream flow water and natural lake level rights on close to 1,500 stream segments, covering 9,005 miles of stream, Acquired Over 25 water right donations or long-term contracts for water totaling 500 cfs and 9,344 AF and 480 natural lakes

5 Role of ISF Program in Water Community Coordinate with federal agencies to address their resource protection goals through state-held water rights Work with water suppliers to enable water projects to move forward while protecting natural environment Collaborate with conservation groups and other stakeholder groups on protecting Colorado s rivers and streams

6 1980 Windy Gap Project ISF appropriations on the main stem of the Colorado River Protected flows downstream from Windy Gap Reservoir Integral part of Northern WCD s settlement with Middle Park water users

7 1985 Summit County Agreements Series of agreements between CWCB and various Summit County entities Provided ISF protection on local streams (high quality fisheries on Blue River and tributaries) Allowed certain levels of snowmaking diversions and water development in Summit County Provided basis for county and ski areas to meet NEPA requirements and secure GMR water service contracts from USBR

8 1990 Boulder Creek Donation Donation Agreement between City of Boulder and CWCB Conveyed senior water rights to CWCB for ISF use in Boulder and North Boulder Creeks Donated water supplemented decreed ISFs that are junior to several irrigation rights City relied on Agreement in discussions with USFS Helped satisfy federal requirements related to City s municipal diversions on Boulder Creek

9 Mile Reach ISF USFWS recommendation to maintain and enhance Colorado pikeminnow habitat and contribute to sufficient progress under the Recovery Program Seasonal ISF of 581 cfs July September (reduced from FWS recommendation of 700-1,200 cfs)

10 1996 Dead Horse Creek and Hanging Lake Cooperative effort between USFS and CWCB supported by local stakeholders ISF for all unappropriated flow based upon unique hydrologic and geologic natural environment of watershed, including Bridal Veil Falls and Hanging Lake (NLL water right on lake) Bird species (black swifts) and riparian vegetation cited as part of unique natural env t

11 Wilderness Area ISFs on Big Dominguez and Little Dominguez Creeks BLM recommendation: ALL of the annually available flow, with an allowance for additional water development on private and federal lands above the Wilderness Area. Very different from typical ISF appropriation Aspects of natural environment preserved Flow amounts Development allowance

12 Language from Act establishing Wilderness Area Purpose: to conserve and protect for the benefit and enjoyment of present and future generations the water resources of area streams, based on seasonally available flows, which are necessary to support aquatic, riparian and terrestrial species and communities. CWCB to appropriate ISF water rights to support wilderness management purposes in lieu of a federal water right. Coordination among River District, Wilderness Society, BLM, CPW and CWCB on legislation.

13 Temporary Leases of Water for ISF Use Provide an option to irrigators in dry years with insufficient water to irrigate crops Furthers policy of preventing permanent dry-up of agricultural lands Temporary leases: Limited to ISF use for a period of 120 days; 3 years of use over a 10-year period Can be used on any stream where CWCB currently holds an ISF water right, up to decreed amount Expedited administrative approval conditioned on no injury to other water rights

14 Permanent Water Acquisitions for ISF Use Peabody Ditch (Moser) (Boulder Creek and Blue River) Carbon Lake Ditch (Mineral Creek and Big Horn Gulch) Stapleton Brothers Ditch Maroon Creek and RF River

15 ISF water rights as a tool in developing alternatives to Wild & Scenic designation ISF water rights can provide permanent protection of some flowrelated Outstandingly Remarkable Values (ORVs) Fish and recreational fishing, wildlife, riparian vegetation through a decreed water right administered within Colorado s priority system; and eliminate potential for a federal water right if part of an alternative management plan accepted by feds

16 Upper Colorado River Stakeholder Group Local governments, water users, environmental and recreation interests, landowners, state agencies Developed river management plan alternative for BLM /USFS to consider in their planning process ISFs for base flow a key element of Plan three ISF reaches on Colorado River decreed this year. Plan is preferred alternative in draft EIS Potential to protect higher flows through voluntary cooperative arrangements, possibly via the ISF water acquisition program.

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