SB 96-64 Signed Bill

• ISF Bill Number: SB96-64
• Description: Modifying procedures and endangered species
• ISF - Doc Type: Final Signed Legislation

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1996

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SENATE BILL 96-064

BY SENATORS Norton, Ament, R. Powers, and Tebedo;
also REPRESENTATIVES Jerke, Martin, Reeser, and'Su1livant.

CONCERNING INSTREAH FLOW APPROPRIATIONS OF THE COLORADO WATER
CONSERVATION BOARD~

Be it enacted by the Genera7 Assemb7y of the State of Colorado:

SECTION 1. 37-92-102, Colorado Revised Statutes, 1990 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION
to read:
37-92-102. . Legislative declaration - basic .tenets of
Colorado water law. (4) ANY APPROPRIATION MADE. PURSUANT TO
SUBSECTION (3) OF THIS SECTION SHALL ALSO BE SUBJECT TO THE
FOLLOWING PRINCIPLES AND LIMITATIONS:
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(a) UTILIZING A PUB~fC NOTICE AND COMMENT PROCEDURE, THE
BOARD, IN ITS DISCRETION, MAY DETERMINE WHETHER OR NOT TO
APPROPRIATE MINIMUM STREAM FLOWS OR. NATURAL lAKE LEVELS, OR
DECREASE SUCH AN APPROPRIATION, TO PRESERVE THE NATURAL
ENVIRONMENT TO A REASONABLE DEGREL . THE BOARD MAY ADOPT
CONDITIONS ATTACHED TO AN APPROPRIATION OR DECREASED
APPROPRIATION, MAY FILE OR WITHDRAW STATEMENTS OF OPPOSITION IN
WATER COURT. CASES, AND ENTER INTO STIPULATIONS FOR DECREES OR
OTHER FORMS OF CONTRACTUAL AGREEHENTS,INClUDING ENFORCEMENT
AGREEMENTS, THAT IT DETERMINES WILL PRESERVE THE NATURAL
ENVIRONMENT TO A REASONABLE DEGREE. ALL CONTRACTUAL AGREEMENTS
AND STIPULATIONS ENTERED" INTO. BY THE BOARD PRIOR TO THE. EFFECTIVE
DATE OF THIS. SUBSECTION (4) REGARDING ..ENFORCEMENT OF ITS
APPROPRI~TIONS SHALL BE GIVEN FUlL FORCE AND EFFECT. ANY. INCREASE
TO AN EXISTING MINIMUM STREAM FLOW OR NATURAL lAKE LEVEL

Capital letters indicate new material added to existing statutes;
dashes throu9h words i~di~atedeletions frOll existing statutes and

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