8B

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Funding for Instream Flow Acquisitions
• Board Meetings - Doc Type: Memo

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. The board may use any funds available to it, other than the
construction fund created in section 37 60 121, for acquisition of water rights and their
conversion to instream f10w rights. 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 37-60-121 (2.5). Any
appropriation made pursuant to this subsection (3) shall be subject to the following principles
and limitations: . . . .

Second, we would establish an annual appropriation of $1,000,000 from the Construction Fund
in the manner set forth below.

(1) In addition to any other moneys appropriated from the construction fund, up to one
million dollars in the construction fund are continuously appropriated annually to the Colorado
water conservation board to pay for the costs of acquiring water, water rights and interests in
water in such amount as the board determines is appropriate for stream f10ws or for natural
sUlface water levels or volumes for natural lakes to preserve or improve the natural environment
to a reasonable degree.

(2) The Colorado water conservation board shall approve any expenditures of funds pursuant to
this section. The Board shall report to the general assembly regarding how such spending
authority was exercised by January 15 of the year following the year in which the expenditures
were made.

Recommendation

Staff recommends that the Board:

Approve the staff recommendation regarding the inclusion of statutory additions or changes in
the 2008 Projects Bill to achieve the Board's intent.

Authorize staff to work with the Executive Director's Office, the Governor's Office, and
members of the General Assembly regarding the specific language. Staff shall have the
authorization to recommend the deletion of such statutory additions or changes from the bill if
their inclusion endangers the bill's final passage.

Staff shall keep Board members informed regarding the progress of discussions regarding the
proposed statutory additions or changes.

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