Agenda Item 8

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

• The board may not accept a donation of water rights that either would require the removal
of existing infrastructure without approval of the current owner of such infrastructure or
that were acquired by condemnation. The board may use any funds available to it, other
than the construction fund created in section 37-60-121, for acquisition of water rights <ind
their conversion to instream flow rights. The board may initiate such applications as it
determines are necessary or desirable for utilizing water, water rights, or interests in water
appropriated, acquired, or held by the board, including applications for changes of water
rights, exchanges, or augmentation plans. Prior to the initiation of any such appropriation
or acquisition, the board shall request recommendations from the division of wildlife and
the division of parks and outdoor recreation. The board also shall request
recommendations from the United States department of agriculture and the United State;s
department of the interior. Nothing in this article shall. be construed as authorizing any
state agency to acquire water by eminent domain or to deprive the people of the state of
Colorado of the beneficial use of those waters available bylaw and interstate compact.
Nothing in this subsection (3) shall impact section 37-60-121 (2.5). Any appropriation
made pursuant to this subsection (3) shall be subject to the following principles and
limitations:
(4) Any appropriation made pursuant to subsection (3) of this section shall also be
subject to the following principles and limitations:
(c) The board's determinations regarding the matters to be determined 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 court application
and decree proceedings initiated by the board, based on the board's administrative record
and utilizing the criteria of section 24-4-106 (6) and (7), C.R,S. The board may file
applications for changes of water rights and augmentation plans, and the water court shall
determine matters that are within the scope of section 37-92-305.
2. SECTION The introductory portion to 37-92-103 (2) (b), Colorado Reviised
Statutes, is amended, and the said 37-92-103 (2) (b) is further amended BY T'HE
ADDITION OF A NEW SUBPARAGRAPH, to read:
37-92-103. Definitions. As used in this article, unless the context othervvise
requires:
(2) "Abandonment of a water right" means the termination of a water right in
whole or in part as a result of the intent of the owner thereof to discontinue permanently
the use of all or part of the water available thereunder. Any period of nonuse of any
portion of a water right shall be tolled, and no intent to discontinue permanent use shall be
found for purposes of determining an abandonment of a water right for the duration that:
(b) The nonuse of a water right by its owner is a result of participation in:
(VI) Any contract or agreement with the Colorado water conservation board
• that allows the board to use all or a part of a water right to preserve or improve the
natural environment to a reasonable degree under section 37-92-102 (3).
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