The San Miguel River near its headwaters in Telluride, Colorado. @bberwyn photo.
Challenge to instream flow rejected by state’s top judges
By Bob Berwyn
FRISCO — The Colorado Supreme Court this week rejected a legal challenge to a state program designed to protect rivers and streams.
The ruling makes it clear that the Colorado Water Conservation Board’s instream flow program furthers state policy of preserving the natural environment for the people of Colorado.
At issue is in the case is an instream flow right in the wild and remote San Miguel River, flowing out of the high San Juans near Telluride to its confluence with the Dolores River in Montrose County. The San Miguel is one of the last relatively free-flowing rivers in Colorado. As such, water experts say it still has some water that could be developed in the future. The instream flow right will help ensure that…
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