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3 governmental entity thatprovides water, waterrights, or interests in water <br />4 to the board shall be enforceable by either party thereto as a water matter <br />5 under this article, according to the terms of the contract or agreement. <br />6 ALL PERIODS OF TIME DURING WHICH THE BOARD USES WATER, WATER <br />7 RIGHTS, OR INTERESTS TN WATER TO PRESERVE OR IMPROVE THE NATURAL <br />8 ENVIRONMENT TO A REASONABLE DEGREE UNDER SUCH A CONTRACT OR <br />9 AGREEMENT SHALL BE EXCLUDED FROM ANY HISTORIC CONSUMPTIVE USE <br />10 ANALYSTS OF THE SUBJECT WATER RIGHT REQUIRED UNDER ANY WATER <br />1 1 COURT PROCEEDING. The board may not accept a donation of water rights <br />12 that either would require the removal of existing infrastructure without <br />13 approval of the current owner of such infrastructure or that were acquired <br />14 by condemnation. The board may use any funds available to it, other than <br />15 the construction fund created in section 37-60-121, for acquisition o <br />16 water rights and their conversion to instream flow rights. The board may <br />17 initiate such applications as it determines are necessary or desirable for <br />18 utilizing water, water rights, or interests in water appropriated, acquired, <br />19 or held by the board, including applications for changes of water rights, <br />20 exchanges, or augmentation plans. Prior to the initiation of any such <br />21 appropriation or acquisition, the board shall request recommendations <br />22 from the division of wildlife and the division of parks and outdoor <br />23 recreation. The board also shall request recommendations from the <br />24 United States department of agriculture and the United States department <br />25 of the interior. Nothing in this article shall be construed as authorizing <br />26 any state agency to acquire water by eminent domain or to deprive the <br />27 people of the state of Colorado of the beneficial use of those waters <br />-3- <br />f <br />DRAFT <br />