INSTREAM FLOW RIGHTS WITHIN THE PRIOR APPROPRIATION DOCTRINE: INSIGHTS FROM COLORADO

This article rigorously analyzes the case of Colorado, one of the most active programs in the US within the most regimented water right systems. Despite relatively few acquisitions, the junior ISF appropriations have protected numerous miles of streams by 1) deflecting future diversionary rights, 2) requiring protection of any upstream transfers, and 3) reducing upstream withdrawals from existing diversion rights despite ISF’s junior status. May 17, 2019.