SB 96-64 Signed Bill

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

. . -
. -'
,
.-

."

OF THE BOARD'S DEJERHINATIOH THATylHE DECREED APPROPRIATION .AS
DECREASED.Will~PRESERVf~THt NATURAl- ENVIRONMENT..rO A REASONABLE
DEGREE" .'BASED 'ON - THE 'ADMINISTRATIVE .RECORD .AND. UTILIZING THE
tRITERI(\ OF'SECIION' 24-4-106.(6) AHD (7-) ,. C.R.S. ANY SUCH PERSON
MAY-REQUEST A STAy IN -ACCORDANCE WITH THE CRITERIA OF SECTION
24-4-106 (5), .t.R.S., PENDING THE REVIEW PROCEEDING. IF NO
PETITION IS J::IlED, THE COURT SHAll. PROMPTLY ENTER AN ORDER
DECREASING-THE BOARD'S APPROPRIATION DECREE IN ACCORDANCE,WITH THE
BOARD'S WRITTEN-DETERMINATION. IF A PETITION IS FILED, THE COURT
SHALL PROMPTLY ORDER BRIEFING AND ORAL ARGUMENT AND RENDER ITS
DECISION TO.AFfIRM OR SET ASIDE THE BOARD'S DETERMINATION. IF THE
BOARD'S DETERMINATION. IS AFfIRMED, THE COURT SHALL PROMPTLY ENTER
AN ORDER-D~CkEASiNG THE.BOARD'S APPROPRIATION DECREE IN ACCORDANCE
- " WITH-=ifHE~AJID~S'.,,"lIR1-rr~N . DETERMINATI9N.' - '. iF .mE>BO~'s
DETERMINAT;J~!S SET. ASIDE, - THE COURT SHALL ENTER ITS 'ORDER OF
RELIEF ~U~DE~- ;THE - PROVISiONS OF SECTION 24-4-106 (7),' C.R..S..
APPEUAT&IlEVlfW OF THE COURT'S ORDER SHALL BE AS ALLOWED IN OTHER
WATER' MAlitRS~-' -. _
(c) ruE BOARD'S DETERMINATIONS REGARDING THE MATTE~ TO BE
DETEm~INED BY THE BOARD UNDER PARAGRAPH (c) OF SUBSECTION (3) OF
THIS SECTION AND PARAGRAPH (d) OF THIS SUBSECTION (4) FOR NEW
APPROPRIATIONS SHAll BE SUBJECT TO JUDICIAL REVIEW IN THE WATER
"CpURT ;~.~fl-)~"(i~N_.ANO J}~~~EE PROCEEDINGS INITIATED- BY. JHE B9ARD.,
BASED-~-Qtt~Ei~.B.OARD'S .ADMINlSTRATIVE RECORD AND- UTILJZING" -THE
CRIl~I/u~Of'a.sE~J!9~: 1~r.4:;,,106' (6) AND (7), C.R.S. lltE~. MAY
FIlEi ~_PJ:[e-mail] CHANGES OF WATER RIGHTS AND AUGMENTATION
PlANS, -AND' auE (lATER COURT SHALL DETERMINE MATTERS THAT ARE WITHIN
THE SCOPE OF SECTION 37-92-305.
(~) .,j}tE. BOARD ,MAY t;.....'ARTICIPAlE IN THE RECOVERY
'<t~,IMPlEliENTATIO~ROGRAM;"fOR ENQANGEREDAEiSH-.SP..EOIESt:IN THE UPPER
cotORADO'-'RlV'ER-BASIN"-ANO~-APPROPRIATE' ANO'-'OBTAIN DECREES FOR
MINIMUM INSTREAM FLOWS OR NATURAL lAKE LEVELS; INClUDING:OECREE
PROVISIONS FOR MODIFICATION AND ENFORCEMENT, THE IMPLEMENTATION
OF WHICH SHAll ~NOT BE-'SUBJECi'.TO' PARAGRAPH (b) OF THIS SUBSECTION
(4), AS. IT DETERMINES WIlC.PRESERVE THE NATURAL ENVIRONMENT OF THE
COlORP.DO RIVER-ENDANGERED ,FISH-WITHIN COLORADO TO A REASONABLE
DEGREE WHItE PROTECTING 'UISTING USES WITHIN COLORADO AND NOT
DEPRIVING THE PEOPLE OF THE -STATE OF COLORADO OF THE BENEFICIAL
USE OF THOSE WATERS AVAIlABlE'BY LAW AND INTERSTATE COMPACT.
(e) SUB-SUBPARAGRAPHS (A) AND (C) OF SUBPARAGRAPH (II) OF
PARAGRAPH (b) OF THIS SUBSECTION (4) SHAll NOT APPLY TO THE
BOARD'S CONSIDERATION OF ANY PROPOSED DECREASE WHICH WAS INCLUDED
IN A MEETING NOTICE AND AGENDA ISSUED BY THE BOARD PRIOR TO THE
EFFECTIVE DATE. OF THIS SUBSECTION (4), WHETHER OR NOT THE BOARD
HAD SCHEDULED OR TAKEN ANY ACTION ON THE PROPOSAL BY SUCH DATE.
SUB-SUBPARAGRAPH (D) OF SUBPARAGRAPH (II) OF PARAGRAPH (b) OF THIS
SUBSECTION (4) SHAll NOT APPLY TO SUCH A PROPOSAL SO LONG AS THETBOARD ESTABLISHES FAIR AND FORMAL PROCEDURES PURSUANT TO SUCH
SUB-SUBPARAGRAPH (0) AT OR BEFORE THE FIRST PUBLIC MEETING THEREON
PAGE 3-SENATE BIll 96-64