Pitkin County is trying to lease an instream flow water right to the state, but has had to adopt a special legal instrument, a revocable trust, and navigate new rules to get the job done. The lease of a small water right on Maroon Creek would not cost the state any money, and would be the first of 34 water rights Pitkin County has acquired and wants to put under state protection. It's also a test case of last year's HB1280, which allows the state to buy or lease senior water rights for instream flow protection. The Colorado Water Conservation Board is the only entity that can hold instream water rights in the state.

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