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<br />Senate Journal-I 14th Day-May 3, 2007
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<br />Respectfu\1y submitted,
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<br />House Committee:
<br />(signed)
<br />Representative Curry, Chair
<br />Representative Buescher
<br />Representative McNulty
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<br />Senate Committee:
<br />(signed)
<br />Senator Isgar, Chair
<br />Senator Penry
<br />Senator Schwartz
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<br />FIRST MINORITY REPORT OF FIRST CONFERENCE
<br />COMMITTEE ON HB07-1036
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<br />*****************************
<br />THIS REPORT AMENDS THE
<br />REENGROSSED BILL
<br />*****************************
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<br />To the President of the Senate and the
<br />Speaker of the House of Representatives:
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<br />Your first conference committee appointed on HB07-1036,
<br />concerning restrictions on the ability of governmental bodies to acquire
<br />specified water rights through the exercise of the power of eminent
<br />domain, has met, and a minority thereof reports that It has agreed upon
<br />the fo\1owing:
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<br />I. That the Senate recede from its amendments made to the bill,
<br />as said amendments appear in the rerevised bill.
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<br />2. That, under the authority granted the committee to consider
<br />matters not at issue between the two houses, the following amendments
<br />be recommended:
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<br />Amend reengrossed bill, page 7, after line 7, insert the following:
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<br />"SECTION 9. 37-3-103 (I) (h), Colorado Revised Statutes, is
<br />amended to read:
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<br />37 -3-103. General powers. (I) In order to protect life and
<br />property within the district, and to protect or relieve land subject to
<br />overflowing or washing, or which is menaced or threatened by the normal
<br />flow or flood or surplus or overflow waters of any natural watercourse,
<br />stream, canyon, or wash, whether perennial, intermittent, or flood, and in
<br />order to effect the protection of the land and other property in the district,
<br />and in order to accomplish a\1 other purposes of the district, the board of
<br />directors is authorized:
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<br />(h) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH (h), to
<br />acquire by donation, purchase, or condemnation, to construct, own, lease,
<br />use, and sell, and to hold, encumber, control, and maintain any easement,
<br />water ri~ht, railroad right-of-way, canal, sluice, reservoir or retarding
<br />basin, ml\1 dam, water power, work, franchise, park, cemetery, or other
<br />public way or place, or any real or personal property, public or private, in
<br />or out of said district, for rights-of-way or retarding basins, or for
<br />materials of construction, or for any other use not inconsistent with the
<br />purposes of articles I to 8 of this title. No DISTRICT OTHERWISE
<br />POSSESSING THE POWER OF EMINENT DOMAIN AS PROVIDED BY LA W SHALL
<br />EXERCISE SUCH POWER THAT RESULTS IN THE ACQUISITION OF
<br />APPROPRIATED WATER RIGHTS.
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<br />SECTION 10. 37-41-113 (3), Colorado Revised Statutes, is
<br />amended to read:
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<br />37-41-113. Board of directors - duties - contracts. (3) Sttch
<br />EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (3), THE board OF
<br />DIRECTORS has the power, in addition to the means to supply water to said
<br />district proposed by the petition submitted for the formation of said
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