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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />is not entering into the contract for speculative purposes; <br />! Maintain records of how much water the board uses under <br />the contract each year it is in effect; and <br />! Install a measuring device to record how much water flows <br />out of the instream flow reach unless a suitable measuring <br />device already exists. <br />Prohibits the water court from approving a change decree in <br />relation to such a contract unless it makes a finding that the lessor or <br />lender of the water rights has not entered into the contract for speculative <br />purposes. Specifies that an application for a change of a water right <br />located in the same stream basin as an instream flow water right reach on <br />which the board has used water provided under such a contract may not <br />claim any historic consumptive use resulting from water that was made <br />available by the contract. <br />Be it enacted by the General Assembly of the State of Colorado: <br />SECTION 1. The introductory portion to 37-92-102 (3) and <br />37-92-102 (4) (c), Colorado Revised Statutes, are amended to read: <br />37-92-102. Legislative declaration -basic tenets of Colorado <br />water law. (3) Further recognizing the need to correlate the activities of <br />mankind with some reasonable preservation of the natural environment, <br />the Colorado water conservation board is hereby vested with the <br />exclusive authority, on behalf of the people of the state of Colorado, to <br />appropriate in a manner consistent with sections 5 and 6 of article XVI of <br />the state constitution, such waters of natural streams and lakes as the <br />board determines may be required for minimum stream flows or for <br />natural surface water levels or volumes for natural lakes to preserve the <br />natural environment to a reasonable degree. In the adjudication of water <br />rights pursuant to this article and other applicable law, no other person or <br />entity shall be granted a decree adjudicating a right to water or interests <br />in water for instream flows in a stream channel between specific points, <br />or for natural surface water levels or volumes for natural lakes, for any <br />-2- <br />1280 <br />• <br /> <br />