NOTE: This bill was one of three bills that was assigned the highest

      priority by the Audubon of Colorado's Legislative Committee.

This is an opportunity to have the legal right to leave water IN the

stream.  Currently only the Colorado Water Control Board (CWCB) has the

legal authority to leave water in a stream, under minimum stream flow

regulations.  SB156 would allow any individual or group who has water

rights to decide to leave those waters IN a stream.

SB156 was passed out of the Senate Judiciary Committee, thanx to all of the

calls received by those senators.  However, because of Fiscal Notes

generated about the bill, it is now in the Senate Appropriations Committee.

 We have the fortune in that the Senate opted to not be in session on

Monday, Presidents Day.  Therefore we have a three-day weekend to contact

them.  Please call them at their home telephone number over the three-day

weekend.  You might also want to consider leaving a message on their

Capital Phone No. answering machine if you do not reach them at home.

Please call the following members of the Senate Appropriations Committee,

asking for their support << FOR >> SB156.

WE NEED YOUR CALLS << BEFORE >> TUESDAY (02/19/02) MORNING ! ! !

SENATE APPROPRIATIONS COMMITTEE:

             MEMBER'S                        CAPITOL          HOME

               NAME           D/R  DIST.      PHONE           PHONE

  Chairman:  Peggy Reeves      D    35     303-866-4875    303-753-1383

Vice-Chair:  Penfield Tate     D    33     303-866-4864    303-388-0920

    Member:  Ken Chlouber      R     4     303-866-4869    719-486-0008

    Member:  Rob Hernandez     D    34     303-866-4862    303-458-1011

    Member:  Doug Lamborn      R     9     303-866-4835    719-481-3387

    Member:  Doug Linkhart     D    31     303-866-4861    303-733-3569

    Member:  Alice J. Nichol   D    24     303-866-4865    303-287-7742

    Member:  David T. Owen     R    16     303-866-2586    970-330-9600

    Member:  Terry Phillips    D    17     303-866-5291    303-666-9488

    Member:  Ronald J. Teck    R     7     303-866-3077    970-243-8947

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BACKGROUND INFORMATION FROM THE MOST RECENT LEGISLATIVE UPDATE:

**SB156 CONVERSION OF ABSOLUTE WATER RIGHTS TO INSTREAM USE

(Gordon)

Status: Senate Appropriations

Position: SUPPORT

Colorado's rivers and lakes are at risk from the combination of growing

demands for water and a legal system that was not designed to balance water

uses with the needs of the rivers themselves.

Under Colorado's complex water laws, a water right is a right to use water.

Anyone can secure the right to take water out of a stream or lake and use

it for irrigation or city water systems or for industry. But if anyone

simply leaves some water in the stream, then, under current Colorado water

law, they are no longer "using" the water, and they would forfeit their

right to the water.   SB156 creates a tool to keep water in our streams and

lakes. This is an environmental community bill and will be a top priority

for us.

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                            **SB156 FACT SHEET

            CONVERSION OF ABSOLUTE WATER RIGHTS TO INSTREAM USE

            Audubon of Colorado asks for support of legislation

            to protect and enhance Colorado's streams and lakes

Anyone can secure a water right to take water out of the stream; why not to

keep it in the stream?  This legislative session Senator Ken Gordon will

introduce legislation which would allow anyone, not just the state, to

acquire existing water rights to keep water in the stream for recreation,

fish and wildlife, scenic beauty, or ecological diversity.

Optimum utilization of Colorado's water includes use of our rivers and

lakes for recreation, fish and wildlife habitat, and for scenic purposes.

These uses are in fact essential to maintain both the natural heritage and

economy of Colorado. Permitting private parties to change existing water

uses to instream uses would be a significant new card to play in Colorado's

water game. Agricultural interests, local governments, water districts,

corporations, private individuals, or land trusts could purchase existing

water rights and seek to convert those rights to instream uses.

                  HOW WOULD THE PROPOSED LAW WORK?

The water court would need to approve a specific plan for a change of use

of all or part of an existing decreed water diversion to an instream use.

The applicant must prove no injury to any other water right.

· A CHANGE IN USE

Remember that our entire water law system is based on the fundamental

premise that a property right in water is the right to use the water. The

use may be changed if a water court agrees that the change will maintain a

legally recognized beneficial use and can be done without any harm to any

other water right holder. Water courts hear "change cases" every day.

Senator Gordon's bill simply says that an existing water right to use water

out of a stream may be changed to a right to use water in the stream. The

owner of the right seeking the change will have to submit a plan for

instream use to the court.  The plan will identify the new beneficial use,

(recreation, fish and wildlife, scenic beauty,) the amount of water and

exact location where the flow will be maintained.

· NO INJURY

Anyone who has a water right and thinks they might be injured by keeping

water in the stream may object to the court, just as they would now for any

other change. If the Water Court approves the plan, the change proceeds,

just as any other change case would.

· A PRIVATE PROPERTY ISSUE

In Colorado, a water right is a private property right. Currently only the

state can own water for instream use. Why should only the state be able to

own water rights for beneficial use within a stream? The proposed

legislation would not detract from nor impair Colorado's existing instream

flow program; it would simply permit anyone, not just the state, to secure