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| Instream Flow Appropriation Notices |
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| 2009 Proposed Appropriations |
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| 2008 Proposed/Pending Appropriations |
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| Pre-Hearing Conference Notices & Orders |
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| Current Streamflow Conditions |
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| Instream Flow Natural Lake Level Water Rights Database |
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| Frequently Asked Questions |
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| Agreements with Federal Agencies |
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Acquired water is used by the Board to preserve or improve the natural environment of streams and lakes in the state. Since 1973, the Board has completed 21 water acquisition transactions involving permanent transfers of water rights, or long term leases or contracts for water.
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Water Acquisitions
This program area focuses on the donation and/or acquisition of water, water rights, or interests in water to preserve or improve the natural environment. Water may be conveyed to the Board on a voluntary basis by “purchase, bequest, devise, lease, donation, exchange, or other contractual agreement”. Staff currently receives several water right donation offers each year. Staff conducts detailed hydrologic and water right analyses to confirm the yield of the proffered water. Staff then works with the donor and the proponent Attorney General’s Office to develop an acquisition agreement for the Board’s consideration, and, if accepted, works to gain water court approval of the change to instream flow use. The statutes require that the Board determine in a timely manner (120 days) what terms and conditions it will accept for each donation agreement.
The CWCB
- Can acquire water through various contractual methods, but relies primarily on permanent donations or long-term, low-cost leases.
- Can acquire “absolute” direct flow or storage water rights that have been decreed for any legal use.
- Cannot accept “conditional” water rights or change “conditional” water right to instream flow use.
- Can acquire water to preserve or IMPROVE the natural environment to a reasonable degree.
- Is prohibited from acquiring water by eminent domain.
- Coordinate with state and federal agencies, conservation groups, and private non-profit groups to ensure streamflow protection goals are accomplished in a manner consistent with state law.
- Investigate the suitability of proffered water rights or leases for acquisition.
- Conduct hydrologic and water right studies to confirm the yield of proferred water rights.
- Develop terms and conditions to include in water acquisition agreements for donated/acquired water rights or interests in water.
- File water right applications to transfer acquired rights to instream flow use.
- Identify critical streams where acquired water would improve the yield of the Board’s junior instream flow rights.
In 2005, the legislature passed HB 05-1039 that allows agricultural water rights to be loaned to the Board on a temporary basis (not to exceed 120 days per year) for use as instream flows pursuant to a decreed instream flow water right held by the Board. (Section 37-83-105 (2), Colorado Revised Statutes)
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- The Nature Conservancy has made several water right donations to the CWCB over the years including a 300 cubic feet per second senior water right to protect flows through 29 miles of the Gunnison River including the Black Canyon of the Gunnison National Monument.
- The City of Boulder donated valuable senior water rights to the Board to maintain instream flows in Boulder Creek through the city.
- The Colorado Water Trust, a private non-profit conservation group, purchased and conveyed a water right to the Board to preserve and improve the natural environment of Boulder Creek and the Blue River, a Gold Medal Fishery in Summit County.
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