Environmentalists watch water gains

SUMMIT COUNTY — With a pro-conservation majority in the state Legislature, conservation groups are chomping at the bit to enact meaningful environmental laws.

Expanding the state’s instream flow program is one of the biggest goals for Becky Long, water organizer for the Colorado Environmental Coalition.

Several pending bills could improve the state’s ability to keep water in streams for its environmental benefits, Long said.

Through the Colorado Water Conservation Board (CWCB), the state owns water rights that are used for environmental purposes, like making sure there is enough water for fish during-low-flow times.

But the program has historically been under-funded, and the state’s instream flow rights are often at the bottom of the totem pole in terms of seniority.

Those junior water rights mean that, when the CWCB does call for instream water, it’s often available only after all other senior rights are met.

Under Colorado’s first-come, first-serve water hierarchy, CWCB instream flows are one of the few ways to protect aquatic environments.

One measure would eliminate the so-called consumptive use penalty for water rights that are on long-term loan to the instream flow program.

Under existing rules, a rancher who loans his water rights to the CWCB runs the risk of losing them.

In a hypothetical loan scenario, a rancher in the Lower Blue could decide to forego growing hay for several years, instead letting that water pass downstream, thus boosting flows in the Blue River, without risking permanent loss of the water rights, Long explained.

The loan option could bring significant benefits to the instream flow program because some of the historic irrigation rights are at the top of seniority list.

That means if the CWCB needs to exercise a call for instream flows, the water would actually be available to protect environmental values in the river.

The loan program could be especially beneficial along a reach of the Upper Colorado River in Grand County, were low late-summer flows have been a perennial issue, Long said.

Another bill could provide tax credits for instream flow donations against 50 percent of the value of the water rights.

This measure might be a bit more of a challenge to pass because of the fiscal climate in the state, Long said.

But the idea is to at least offset the transaction costs of a water right donation, a process that must be adjudicated by a water court in what can be a lengthy and expensive ordeal if there are any objectors, Long explained.

With future water shortages looming, Long said state lawmakers will also likely see a call for new reservoirs. Any proposals along those lines must be studied carefully, she added.

“We need to look at this in a new way,” Long said. Any plans for new storage should include environmental benefits, and should only move forward with extensive stakeholder involvement, she said.

Bob Berwyn can be reached at (970) 331-5996, or at bberwyn@summitdaily.com.