SB 87-212 Signed Bill

• ISF Bill Number: SB87-212
• Description: CWCB's exclusive authority to appropriate
• ISF - Doc Type: Final Signed Legislation

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preserve the natural environment to a reasonable degree. IN
THE ADJUDICATION OF WATER RIGHTS PURSUANT TO THIS ARTICLE AND
OTHER APPLICABLE LAW, 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, 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 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. aRe 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 THE ACQUISITION BY IT FROM SUCH
PERSON OR GOVER~MENTAL ENTITY OF WATER, WAT~R RIGHTS, OR
INTERESTS IN WATER :0 BE HELD BY THE BOARD FOR ~INIMUM STREAM
FLO~S TO PRESERVE THE ~ATURAL ENVIRONMENT TO A REASONABLE
DEGREE. ANY CONTRACT OR AGREEMENT EXECUTED BETrlEEN THE BOARD
AND ANY PERSON OR GOVERN~ENTAL ENTITY WHICH PROVIDES WATER,
WATER RIGHTS, OR INTEKESTS 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
AGRE~MENT. The board may initiate SUCH applicat~ons W~lER AS
it deter~ines are necessary or des~rable for utilizing Sa€A
water, water rights, or interests in water APPROPRIATED,
ACQUIRED, OR HE~O BY THE BOARD, including applications for
changes of water rights, EXCHANGES, or augmentation plans.
fa~--t~iS-_~~~~8seT Prior to the initiation of any such
app~opriation or acquisition, the board shall request
reco~rendations from the division of wildlife and the division
of par~s and outdoor recreation. The beard also shall request
recommendatio~s from the United States Department of
Agr1culture and the United States Department of the Interior.
Not~ing in this article shall be construed as a~thorizing any
state agency to acquire water by eminent doma~n or to deprive
the people of the state of Colorado of the beneficia1 use of
those waters avai'able by law and interstate compact. Ary
appropriation made Dursuant to this subsection (3) shall be
subject to the following principles and ;imitations:

SECTION 3. Severability. If any provision of this ac~
or the application thereof to any person or circumstar.ces is
held invalid, such invalidity shall not affect other
provisions or applications of the act which can be given
effect without the invalid provision or application, and to
this end the provisions of this act are declared to be
severable.

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