HB 00-1438 Signed Bill

• ISF Bill Number: HB00-1438
• Description: Repeal board's authority to acquire conditional water rights
• ISF - Doc Type: Final Signed Legislation

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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 PWl'ose
whatsoever. The board also may acquire. by grant, purchase. 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 as the board determines may be required for minimwn
stream flows or for natural surface water levels or volumes for natural lakes
to preserve the natural environment to a reasonable degree. At the request
of any person, including any governmental entity, the board shall detennine
in a timely manner, not to exceed one hundred twenty days unless funher
time is granted by the requesting person or entity, what tenns and
conditions it will accept in a contract or agreement for the acquisition by it
from such person or governmental entity of water, water rights. or interests
in water to be held by the board for minimum stream flows to preserve the
natural environment to a reasonable degree. Any contract or agreement
executed between the board and any person or governmental entit)' which
provides water, water rights, or interests in water to the board shall be
enforceable by either party thereto as a water matter under this anicle.
according to the terms of the contract or agreement. The board may initiate
such applications as it detennines are neces58IY 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
shalJ request recommendations from the United States Depanment of
Agriculture and the United States Department of the Interior. Nothmg 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 by law and interstate
compact. Any appropriation made pilrsuant to this subsection (3) sha1I be
subject to the following principles and limitations:

(c.5) Notwithstanding section 37-92-103 (6), as to any application
filed by the board on or after July 1, 1994, the board may onfy NOT acquire
conditional water rights or change conditional water rights to instream flow
uses. whC4 all oftht foHowms GOIlditions arc satisfied.

(I) TIK conditiomd water rights arc located in tK Yampa ri ,ee basdi
and wiH ~ used in dtc.-rcco,Cl} of species tbatu,c been ~tcrmincd to be

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