BOARD00157 ‎(2)‎

• Board Meeting Date: 3/13/2007
• Description: IWMD Section - Water Supply Reserve Account Grant Allocations - Criteria and Guidelines - Applications
• Board Meetings - Doc Type: Memo

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

1. The water activity meets the eligibility requirements outlined in Part 2 of these criteria
and guidelines.
2. The water activity is consistent with Section 37-75-102 c.R.S.l
3. The water activity underwent an evaluation and approval process and was approved by
the BRT and the application includes a description of the results 6fthe BRTs evaluation
and approval of the activity. At a minimum, the description must include the level of
agreement reached by the roundtable, including any minority opinion(s) if there 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 the provisions of Section 37-75-104 (2) (c), c.R.S.2

1 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water within Colorado shall not be superseded, abrogated, or otherwise impaired by this article.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
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 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 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 Assembly 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 to the appropriation, movement, or use of water under other
provisions of law.

237-75-104 (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 local
governments, water providers, and other interested stakeholders and persons in establishing its needs assessment, and
shall propose projects or methods for meeting those needs. Recommendations from this assessment 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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