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• 1 governmental entity that provides water; water rights, or interests in water .. 2 to the board shall. be enforceable by either party thereto as a water m~~tter 3 under this article, according to the terms of the contract or agreement. 4 The board may not accept a donation of water rights that either would 5 require the removal of existing infrastructure without approval of the 6 current owner of such infrastructure or that were acquired by 7 condemnation. The board may use any funds available to it ~tlter~mr-tlre 8 - - ,for acquisition of w~~ter 9 rights and their conversion to instream flow rights. The board may 10 initiate such applications as it determines are necessary or desirable for 11 utilizing water, water rights, or interests in water appropriated, acquired, 12 or held by the board, including applications for changes of water rights, 13 exchanges, or augmentation plans. Prior to the initiation of any such 14 appropriation or acquisition, the board shall request recommendations 15 from the division of wildlife and the division of parks and outdoor 16 recreation. The board also shall request recommendations from 1:he 17 United States department of agriculture and the United States department 18 of the interior. Nothing in this article shall be construed as authorizing 19 any state agency to acquire water by eminent domain or to deprive the 20 people of the state of Colorado of the beneficial use of those waters 21 available by law and interstate compact. Nothing in this subsection (3) 22 shall impact section 37-60-121 (2.5). Any appropriation made pursuant 23 to this subsection (3} shall be subject to the following principles acid 24 limitations: 25 SECTION 28. Article 60 of title 37, Colorado Revised StatutE:s, 26 is amended BY THE ADDITION OF A NEW SECTION to read: 27 37-60-123.7. Acquisitions of water for instream flows. (1) '~[N -23- HB08-1346