8E

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

available by law and interstate compact. Nothing in this subsection (3)

2 sha1l impact section 37-60-121 (2.5). Any appropriation made pursuant

3 to this subsection (3) shall be subject to the following principles and

4 limitations:

5 SEeTION 2. 37-92-103 (2) (b), Colorado Revised Statutes, is
6 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

7 37-92-103. Definitions. As used in this article, unless the context

8 otherwise requires:

9 (2) "Abandonment of a water right" means the termination of a

10 water right in whole or in part as a result of the intent of the owner

II thereof to discontinue permanently the use of all or part of the water

12 available thereunder. Any period of nonuse of any portion of a water

13 right shall be tolled, and no intent to discontinue permanent use shall be

14 found for purposes of determining an abandonment of a water right for

15 the duration that:

16 (b) The nonuse of a water right is a result of participation in:

17 (VI) ANY CONTRACT OR AGREEMENT WTTH THE COLORADO WATER

18 CONSERVATTONBOARD THAT ALLOWS THE BOARD TO USE ALL OR A PART

19 OF A WATER RTGHT TO PRESERVE OR TMPROVE THE NATURAL

20 ENVTRONMENTTO A REASONABLE DEGREE UNDER SECTTON 37-92-102 (3),

21 C.R.S.

22 SEeTION 3. Effective date - applicability. (I) This act shall

23 take effect at 12:0 I a.m. on the day following the expiration of the

24 ninety-day period after final adjournment of the general assembly that is

25 allowed for submitting a referendum petition pursuant to article V,

26 section I (3) of the state constitution, (August 6, 2008, if adjournment

27 sine die is on May 7,2008); except that, if a referendum petition is filed

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