22d ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: CF Section – Proposed Statute Revisions/Legislation within the 2008 Projects Bill - Funding for Instream Flow Water Right Acquisitions
• Board Meetings - Doc Type: Memo

Discussion
There are two methods by which the CWCB could authorize the requested funding:
1. If the Severance Tax Trust Fund Perpetual Base Account is merged into the Construction
Fund, the following statutory revisions would need to be made. First, the prohibition on use of
Construction Fund money for water acquisitions would be deleted:
37-92-102(3) Further recognizing the need to correlate the activities of mankind with some
reasonable preservation of the natural environment, the Colorado water conservation board is
hereby vested with the exclusive authority, on behalf of the people of the state of Colorado, to
appropriate in a manner consistent with sections 5 and 6 of article XVI of the state constitution,
such waters of natural streams and lakes as the board determines may be required for minimum
stream flows or for natural surface water levels or volumes for natural lakes to preserve the
natural environment to a reasonable degree. In the adjudication of water rights pursuant to this
article and other applicable lave, no other person or entity shall be granted a decree adjudicating a
right to water or interests in water for instream flows in a stream channel between specific
points, or for natural surface water levels or volumes for natural lakes, for any purpose
whatsoever. The board also may acquire, by grant, purchase, donation, bequest, devise, lease,
exchange, or other contractual agreement, from or with any person, including any governmental
entity, such water, water rights, or interests in water in such amount as the board determines is
appropriate for stream flows or for natural surface water levels or volumes for natural lakes to
preserve or improve the natural environment to a reasonable degree. At the request of any
person, including any governmental entity, the board shall determine in a timely manner, not to
exceed one hundred twenty days unless further time is granted by the requesting person or entity,
what terms and conditions it will accept in a contract or agreement for such acquisition. Any
contract or agreement executed between the board and any person or governmental entity that
provides water, water rights, or interests in water to the board shall be enforceable by either party
thereto as a water matter under this article, according to the terms of the contract or agreement.
The board may not accept a donation of water rights that either would require the removal of
existing infrastructure without approval of the current owner of such infrastructure or that were
acquired by condemnation. - ~ - - -~ = ~ ' ~- ~ -a =
- - - ~ -The board may initiate such applications as it determines are
necessary or desirable for utilizing water, water rights, or interests in water appropriated,
acquired, or held by the board, including applications for changes of water rights, exchanges, or
augmentation plans. Prior to the initiation of any such appropriation or acquisition, the board
shall request recommendations from the division of wildlife and the division of parks and
outdoor recreation. The board also shall request recommendations from the United States
department of agriculture and the United States department of the interior. Nothing in this article
shall be construed as authorizing any state agency to acquire water by eminent domain or to
deprive the people of the state of Colorado of the beneficial use of those waters available by law
and interstate compact. Nothing in this subsection (3) shall impact section 37-60-12I (2.5). Any
appropriation made pursuant to this subsection (3) shall be subject to the following principles
and limitations:... .
2