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<br />1994 <br /> <br />( <br /> <br /> <br />o <br /> <br />~'-- <br />~ <br /> <br />~~ <br /> <br />- <br /> <br />- <br /> <br />SENATE BILL 94-054 <br /> <br />BY SENATORS Ament, Hutzebaugh, and Schroeder; <br />also REPRESENTATIVES Jerke, Eisenach, and Shoemaker. <br /> <br />CONCERNING CONDITIONAL WATER RIGHTS. <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />SECTION 1. 37-92-102 (3), Colorado Revised Statutes, 1990 <br />Repl. Vol., ;s amended BY THE ADDITION OF A NEW PARAGRAPH to read: <br /> <br />37-92-102. Legislative declaration - basic tenets of <br />Colorado water law. (3) (e.S) NOTWITHSTANDING SECTION 37-92-103 <br />(6), AS TO ANY APPLICATION FILED BY THE BOARD ON OR AFTER JULY I, <br />1994, THE BOARD MAY ONLY ACQUIRE CONDITIONAL WATER RIGHTS OR <br />CHANGE CONDITIONAL WATER RIGHTS TO INSTREAM FLOW USES WHEN ALL OF <br />THE FOLLOWING CONDITIONS ARE SATISFIED: <br /> <br />(I) THE CONDITIONAL WATER RIGHTS ARE lOCATED IN THE YAHPA <br />RIVER BASIN AND WIll BE USED IN THE RECOVERY OF SPECIES THAT HAVE <br />BEEN DETERMINED TO BE THREATENED OR ENDANGERED PURSUANT TO THE <br />FEDERAL -ENDANGERED SPECIES ACT-, 16 U.S.C. SEC. 1533; <br /> <br />(II) THE CONDITIONAL WATER RIGHTS ARE A RECOGNIZED <br />COMPONENT OF AN ONGOING RECOVERY PROGRAM APPROVED BY THE FEDERAL <br />GOVERNMENT TO OFfSET JEOPARDY TO A LISTED SPECIES OR ADVERSE <br />MODIFICATION TO CRITICAL HABITAT CAUSED BY WATER PROJECT <br />DEPLETIONS; <br /> <br />(III) THE BOARD HAS DETERMINED THAT THE ACQUISITION OF <br />CONDITIONAL WATER RIGHTS WIll PROVIDE BENEFITS TO THE RECOVERY <br />PROGRAM THAT WOULD HOT BE AVAIlABLE THROUGH INITIAL APPROPRIATION <br />BY THE BOARD; AND <br /> <br />(IV) A CHANGE OF SUCH CONDITIONAL WATER RIGHTS IS SUBJECT <br />