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

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WATER WITHIN COLORADO SHALL NOT BE SUPERSEDED, ABROGATED, OR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 AFFJRMS THE
STATE CONSTITUTION'S RECOGNITION OF WATER RIGHTS AS A PRIVATE
USUFRUCTUARY PROPERTY RIGHT, AND THIS ARTICLE 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 PERMIITED UNDER
COLORADO LAW.

(2) THE GENERAL ASSEMBLY AFFJRMS THE PROTECTIONS FOR
CONTRACTUAL AND PROPERTY RIGHTS RECOGNIZED BY THE CONTRACT AND
TAKINGS PROTECTIONS UNDER THE STATE CONSTITUTION 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
ASSEMBL Y AFFIRMS THAT THIS ARTICLE DOES 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 TOTHEAPPROPRIA TION, MOVEMENT,
OR USE OF WATER UNDER OTHER PROVISIONS OF LAW.

37-75-103. Director of compact negotiations. (1) WITHINTHIRTY
DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE GOVERNOR SHALL
APPOINT A DIRECTOR OF COMPACT NEGOTIATIONS, WHO SHALL ACT AS THE
OVERSEER AND CARETAKER OF THE COMPACT NEGOTIATIONS PROCESS
ESTABLISHED IN THIS ARTICLE.

(2) THE DIRECTOR OF COMPACT NEGOTIATIONS SHALL HAVE THE
FOLLOWING RESPONSIBILITIES:

(a) PROVIDE SUPPORT AND ASSISTANCE TO APPLICABLE LOCAL
STAKEHOLDERS IN THE FORMATION OF PERMANENT BASIN ROUNDTABLES
ESTABLISHED PURSUANT TO SECTION 37-75-104;

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