SB 96-64 Signed Bill

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

.' .
':' -

. ~

e

e

-. ,

OF THE ~OARD'S.DfTERMINATION THATyTHE DECREED APPROPRIATION AS
DECREASED.willPRESERVE~THE NATURAL ENVIRONMENT TO A REASONABLE
DEGREE,. BASED -ON. THE ADMINISTRATIVE RECORD AND UTILIZING THE
CRITERIA OF'SEelION 24-4-106 (6) AND (7),.C.R.S. ANY SUCH PERSON
MAY.REQUEST A STAY IN .ACCORDANCE WITH THE CRITERIA OF SECTION
24-4-106 (5), ..C.R.S., PENDING THE REVIEW PROCEEDING. IF NO
PETITION IS ~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 DECREASiNG THE..BOARD'S APPROPRIATION DECREE IN ACCORDANCE
- . WITH':~.J""E~"\'..B9AJID~S. ..14RtHfN - DETERMINATION.- - ' iF- .THE... .BOARD'S
DETERMINAT;IDNz:-IS SET ASIDE, THE COURT SAAlL ENTER ITS 'ORDE~ OF
RELIEF ;U~DE~.-.~iHE PROVISIONS OF SECTION 24-4-106 (7),. C.R..S..
APPElLATffREVlfW OF THE COURT'S ORDER SHALL BE AS ALLOWED IN OTHER
WATER MATItRS. - -
(c) THE BOARD'S DETERMINATWNS REGARDING THE HATTE~S TO BE
DETEID4INED BY THE BOARD UNDER PARAGRAPH (e) 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
C0URT Apprt CAT InN. AND ,DECREE PROCEEDINGS INITIATED-BY THE BOARD,
'BASED::.oN.::1"HE:~'-BOARD'S''''ADMINISTRATIVE RECORD AND- UT'IlJZING" THE
CRIl~RIA~0F.l~'E~J!9N. "2~t4~106' (6) AND (7), C.R.S. THE lmARD MAY
FILE.APP~JP4.TlONS1FOR CHANGES OF WATER RIGHTS AND AUGMENTATION
PlANS; - ANO THE WATER COURT SHAll DETERMINE HATTERS THAT ARE WITHIN
THE SCOPE OF SECTION 37-92-305. -
(~) jJIE. BOARD ,HAy.".... .PARTICIPATE IN THE RECOVERY
'-:- IM_PlEfttEN:rATIO~.tPRO~RAM~rOR. ~NQANGERED;..f'lSH'-SP.EOIES qN THE UPPER
COlORADO.-RIVER-BASIN--AND--APPROPRIATE ANO--'OBTAIN DECREES FOR
MINIMUM INSTREAM FLOWS OR NATURAL LAKE lEVELS; INCLUDING _DECREE
PROVISIONS FOR MODIFICATION AND ENFORCEMENT, THE IMPLEMENTATION
OF WHICH SHAll ;NOT BE -SUBJECt' TO' PARAGRAPH (b) OF THIS SUBSECTION
(4), AS. IT DETEfU4INES WILL PRESERVE THE NATURAL ENVIRONMENT OF THE
COLORADO RIVER.END~~GERED oFISHWITHIN COLORADO TO A REASONABLE
DEGREE WHILE PROTECTING ""EXISTING 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 THE
BOARD ESTABLISHES FAIR AND FORMAL PROCEDURES PURSUANT TO SUCH
SUB-SUBPARAGRAPH (D) AT OR BEFORE THE FIRST PUBLIC MEETING THEREON
PAGE 3-SENATE BILL 96-64