Agenda Item 8

• Board Meeting Date: 3/18/2008
• Description: CWCB Legislative Update - HB08-1346 - HB08-1280 - SB08-168
• Board Meetings - Doc Type: Memo

HB 1280 Language as of March 17, 2008
(prepared by CWCB staff-unofficial version for discussion purposes)
Be it enacted by the General Assembly of the State of Colorado:
1. SECTION The introductory portion to 37-92-102 (3), Colorado Revised Statutes,
is amended to read:
37-92-102. Legislative declaration -basic tenets of Colorado water law. (3)
Further recognizing the need to correlate the activities of mankind with some reasonabeE:
preservation of the natural environment, the Colorado water conservation board is hereby
vested with the exclusive authority, on behalf of the people of the state of Colorado, to
appropriate in a manner consistent with sections 5 and 6 of article XVI of the state
constitution, such waters of natural streams and lakes as the board determines maybe
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. 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, donation, 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 in such amount as the board determines is appropriate for
stream flows or for natural surface water levels or volumes for natural lakes to preserve or
improve the natural environment to a reasonable degree. 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 such
acquisition. Any contract or agreement executed between the board and any person or
governmental entity that provides water, water rights, or interests 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 agreement.
The board shall adopt criteria for evaluating proposed contracts or agreements for
leases or loans of water, water rights, or interests in water under this subsection (3;1,
including, but not limited to, criteria addressing public notice, the extent to which the
leased or loaned water will benefit the natural environment to a reasonable degree,,
and calculation of the compensation paid to the lessor of the water based upon the use
of the water after the term of the lease.