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<br />will accept in a contract or agreement for such acquisition. Any contract <br /> <br />2 or agreement executed between the board and any person or <br /> <br />3 governmental entity that provides water, waterrights, or interests in water <br /> <br />4 to the board shall be enforceable by either party thereto as a water matter <br /> <br />5 under this article, according to the terms of the contract or agreement. <br /> <br />6 ALL PERTODS OF TIME DURING WHTCH THE BOARD USES WATER, WATER <br /> <br />7 RTGHTS, OR TNTERESTS IN WATER TO PRESERVE OR TMPROVE THE NA TURAL <br /> <br />8 ENVTRONMENT TO A REASONABLE DEGREE UNDER SUCH A CONTRACT OR <br /> <br />9 AGREEMENT SHALL BE EXCLUDED FROM ANYHTSTORTC CONSUMPTIVE USE <br /> <br />10 ANALYSTS OF THE SUBJECT WATER RTGHT REQUIRED UNDER ANY WATER <br /> <br />II COURT PROCEEDING. The board may not accept a donation of water rights <br /> <br />12 that either would require the removal of existing infrastructure without <br /> <br />13 approval ofthe current owner of such infrastructure or that were acquired <br /> <br />14 by condemnation. The board may use any funds available to it, other than <br /> <br />15 the construction fund created in section 37-60-121, for acquisition of <br /> <br />16 water rights and their conversion to instream flow rights. The board may <br /> <br />17 initiate such applications as it determines are necessary or desirable for <br /> <br />18 utilizing water, water rights, or interests in water appropriated, acquired, <br /> <br />19 or held by the board, including applications for changes of water rights, <br /> <br />20 exchanges, or augmentation plans. Prior to the initiation of any such <br /> <br />21 appropriation or acquisition, the board shall request recommendations <br /> <br />22 from the division of wildlife and the division of parks and outdoor <br /> <br />23 recreation. The board also shall request recommendations from the <br /> <br />24 United States department of agriculture and the United States department <br /> <br />25 of the interior. Nothing in this article shall be construed as authorizing <br /> <br />26 any state agency to acquire water by eminent domain or to deprive the <br /> <br />27 people of the state of Colorado of the beneficial use of those waters <br /> <br />-3- <br /> <br />DRAFT <br />10.29.07 <br /> <br />DRAFT <br />