BOARD00055 ‎(2)‎

• Board Meeting Date: 11/13/2006
• Description: IBCC Director's Report - Interbasin Compact Committee Annual Report to the House of Representatives Com. On Agriculture, Livestock, Natural Resources, and Senate Com. On Agriculture, Energy, Natural
• Board Meetings - Doc Type: Memo

Threshold Criteria - the following criteria must be met in order for an application to be
funded out of a Basin Account or to ~ndergo further evaluation from the Statewide Account.

I. The water activity meets tpe eligibility requirements outlined in Part 2 of these
criteria and guidelines.
2. The water activity is cons~stent with Section 37-75-102 c.R.S.1
3. The water activity underw!ent an evaluation and approval process and was
approved by the BR T and 'the application includes a description of the results of
the BRTs evaluation and ~pproval of the activity. At a minimum, the description
must include the level of agreement reached by the roundtable, including any
minority opinion(s) ifther~ was not general agreement for the activity. The
description must also include reasons why general agreement was not reached (if
it was not), including who opposed the activity and why they opposed it.
4. The water activity meets tbe provisions of Section 37-75-104 (2) (c), C.R.S.2

I 37-75-102. Water rights - protections. (1) It is the policy of the General Assembly that the current system of
allocating water within Colorado shall not be superseded, abrogated, or otherwise impaired by this article.
Nothing in this article shall be interpreted to repeal or in any manner amend the existing water rights
adjudication system. The General Assembly affirms the state constitution's recognition of water rights as a
private usufructuary property right, and this aMicle is not intended to restrict the ability of the holder of a water
right to use or to dispose of that water right in any manner permitted under Colorado law.
(2) The General Assembly affirms the protections for contractual and property rights recognized by the contract
and takings protections under the state constifution and related statutes. This article shall not be implemented in
any way that would diminish, impair, or cause injury to any property or contractual right created by
intergovernmental agreements, contracts, stipulations among parties to water cases, terms and conditions in
water decrees, or any other similar document related to the allocation or use of water. This article shall not be
construed to supersede, abrogate, or cause injury to vested water rights or decreed conditional water rights. The
General Assembly affirms that this article doe's not impair, limit, or otherwise affect the rights of persons or
entities to enter into agreements, contracts, or 'memoranda of understanding with other persons or entities
relating to the appropriation, movement, or use of water under other provisions of law.

2 37-75-104 (2)( c). Using data and information from the Statewide Water Supply Initiative and other
appropriate sources and in cooperation with the on-going Statewide Water Supply Initiative, develop a basin-
wide consumptive and nonconsumptive water 'supply needs assessment, conduct an analysis of available
unappropriated waters within the basin, and propose projects or methods, both structural and nonstructural, for
meeting those needs and utilizing those unappropriated waters where appropriate. Basin Roundtables shall
actively seek the input and advice of affected iocal governments, water providers, and other interested
stakeholders and persons in establishing its ne~ds assessment, and shall propose projects or methods for meeting
those needs. Recommendations from this asse$sment shall be forwarded to the Interbasin Compact Committee
and other basin roundtables for analysis and consideration after the General Assembly has approved the
Interbasin Compact Charter. '

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Water Supply Reserve Account ~riteria and Guidelines - Adopted: October 18,2006

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