SB 73-97 Status Sheets

• ISF Bill Number: SB73-97
• Description: Originating legislation
• ISF - Doc Type: Bill Status Sheets

may the general assembly dedicate a portion of the waters
of the state to the use of the People of the sblte for the pur-
poses stated in Senate Bill No, 97 pursuant to Section 5,
Article XVI of the Constitution of Colorado, and make- the
water so dedicated available to appropriation by the state
pursuant to Section G, Article XVI of the Constitution of
Colorado?

3, In light of Sections 5 and 6 of Article XVI of the
State Constitution, may the gencral assembly, by law, define
"appropriation" of waters of the state to mean "the applica-
tion of a certain portion of the watcrs of the state to a bene-
ficial use"?

4. Is an appropriation", , , for the benefit and enjoyment
of present and future generations, , . of such minimum flows
between specific points or levels for and on natural streams
nnd lakes as are re<luired to preserve the natural environment
to a reasonable degree" an appropriation to a "beneficial use"
in accordance with Section 6 of Article XVI of the Constitu-
tion of Colorado '!

Be It PUl'ther Re.c;olved, That the chief clerk of the HOLH-Ie
of Representatives, immediately upon passage of this Resolu-
tion, transmit a certified copy thereof to the clerk of the
Supreme Court, and that the Attorney General be directed to
furnish said Court with an adequate number of copies of this
Resolution and to promptly submit to said Court such further
documents and briefs as the Court may require to expedite its
procedure in the premises,

Representative Edmonds moved to suspend the rules for
immediate consideration of H. R. No.1 014, which motion was
passed by the following roll call vote

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<".(;)
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Ayes-()O,
Noes-None,
Absent-Representatives DeMoulin and Mullen-2,
Absent, excused, ~md not voting-Representatives Gal-
lagher, Howe, and Southworth-3,

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H. R. No.
call vole:

Representative Edmonds then moverl to adopt
1014, which motion was passed by the following 1'01

Ayes-60,
N oes-N one,
Absent-Representatives DeMoulin and Mullen-2,
Absent, excused and not voting--Representati ves Galla-
gher, Howe, and Southwol'th-3,

PASSAGE

97, as
retain

s. H. No.
2, H)73 and

BILLS-FINAL

Representative l~dmoJ1(ls moved that
amended, be laid over until Monday, April

01.1'

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ate.or acquire the waters of natural streams and lakes as may
be required to preserve the natural environment to a reason.
able degree and

of the State

XVI

Article

WllE'RFJAS, Section 5 of
stitution provides

Con-

"Section 5. Water of strca,rn.<; lJubUc Pl'OlJe1'tll, The water
of every natural stream, not heretofore appropriated, within
the state of Colo)'ado, is hereby deelared to be the property
of th(~ publi(', and the same is dcdicat(~d to the use of the
people of the state, subject to appropriation as hereinafter
provided," and

"Section G, D-i'f(!1'tin!J unapp1'opri(Lted water - pn:01'ity
1)1'(~fe1'1'ed use.<j, The right to divert the unappropriated waters
of any natural stream to beneficial uses shall never be denied.
Priority of appropriation shall give the better right as be-
tween those using the water for the same purpose; but when
the waters of any natural stream are not sufficient for the
service of all those desiring the use of the same, those using
the water for domestic purposes shall have the preference
over those claiming for any other purpose, and those using
the water fol' agricultural purposes shall have preference orer
those using the same fOI' manufacturing purposes,"; and

the State Con-

of

XVI

Article

of

6

Seetion

lVl-/I1JRBAS,
stituiion provides

WHEREAS, In the judgment of the House of Representa-
tives the qUGHtion of the tOl1Htitutionality of said bill is im-
portant and the oecasion is solemn to such a degree as to
justify tho House of Representatives, under Section 3 of
Article VI of the State COJ1Ktitution, in requesting of the
Supreme Court of the State of Colorado its opinion as to the
constitutionality of said bill if enacted into law; now there-
fore,

Be It Re.~olved b1J the House of Representati~)es of
F'ort?/-m:nth General As.'wmbly of the State of Colm'ado:

tll c

That the Supreme Court of the State of Colorado be and
said Court is hereby respectfully requested, pursuant to the
terms of Section 3 of AJ'tiele VI of the ConHtitution of the
State of Colorado, to render its opinion in writing concerning'
the conHtitutionHlity of :-:aid Senate Bill No, 97 and particularlY
with respe<.:t to the following questions

May the gene)'al assembly, pursuant to Section 5 of
Artich.~ XVI of the Constitution of Colm'ado, dedicate 'n por-
tion of the wat.ers of th(! Rtate to the use of the People of tl1e
State of Colorado for the purposes stated in Senate Bill 1\'(1)'
97, and thc)'(.!hy remove thc Ilortion so dedicated from a\"nl.
ability to appl'ol)l~iation?

negati\'e.

tm~

in

is

1

question No,

to

the answer

If

2,

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