Practice Areas

Water Rights for Recreation and Instream Flow

Many Colorado entities may benefit from using water rights for recreational purposes or for instream flow. Additionally, water left in the river may improve stream and riparian habitat and provide additional recreational opportunities, including fishing or boating.

Under Colorado law, the Colorado Water Conservation Board (CWCB) has the exclusive right to use water for instream flow purposes. Nevertheless, the CWCB may accept water for instream flow purposes by grant, purchase, devise, lease, exchange, or other contractual agreement. Moses, Wittemyer, Harrison and Woodruff, P.C. has unique experience in this area, having worked closely with the CWCB to benefit the instream flow program, and represented a client in the first long-term dedication of water rights to the CWCB under House Bill 1280.

Moses Wittemyer also assists municipal and government clients in obtaining and maximizing water rights for recreational purposes. Moses Wittemyer has helped clients with diversion and storage projects, as well as recreational in-channel diversions (RICD), to keep water in the river for recreational purposes. Moses Wittemyer has the experience and expertise to help clients develop and implement creative plans to improve recreation.

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