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<br />.=~~~. ~~-~~.~ c~'~:~~~.~.--~~~ -"3',= --~~~---_~ - -~-~~ <br /> <br />- ~---""- ~--- ~ - -~_:.- --.:-- <br /> <br /> <br />shall be granted a decree adjudicating a right to' water ar interests in water <br />far instream flows in a stream channel between specific points, or for <br />natural surface water levels or volumes far natural lakes, far any purpase <br />" whatsoever. The baard alsO' may acquire, by grant, purchase, bequest, <br />de"ise, lease. exchange, or ather cantractual agreement, from or with any <br />person, including any gavernmental entity. such water, water rights, or <br />interests in water as the board determines may be required far minimum <br />stream flaws or for natural surface water levels ar volumes far natural lakes <br />to preserve the natural environment to' a reasonable degree. At the request <br />of any person, including any governmental entity, the board shall determine <br />in a timely manner, nat to exceed ane hundred twenty days unless further <br />time is granted by the requesting persan or entity, what terms and <br />canditions it 'will accept in a cantract or agreement for the acquisition by it <br />fram such person ar gavernmental entity afwater. water rights, ar interests <br />in water to' be held by the board far minimum stream flaws to' preserve the <br />natural environment to' a reasanable degree. Any contract ar agreement <br />executed between the board and any person or gavernmental entity which <br />provides water. water rights, ar interests in water to' the baard shall be <br />enforceable by either party theretO' as a water matter under this article, <br />according to the terms afthe contract or agreement. The board may initiate <br />such applications as it determines are necessary or desirable for utilizing <br />water, water rights, ar interests in water apprapriated, acquired, ar held by <br />the board, including applications far changes of water rights, exchanges, ar <br />augmentation plans. Priar to the initiatian of any such apprapriatian ar <br />acquisitian, the baard shall request recommendatians fram the divisian af <br />wildlife and the division of parks and outdaar recreatian. The baard also <br />shall request recommendations from the United States Department af <br />Agriculture and the CDited States Department af the Interiar. Nathing in <br />this anicle shall be canstrued as autharizing any state agency to' acquire <br />water by eminent damain or to deprive the peaple af the state af Calorada <br />of the beneficial use of thase waters available by law and interstate <br />camp act. Any appropriatian made pursuant to' this subsectian (3) shall be <br />subject to' the fallawing principles and limitations: <br /> <br />(c.5) Natwithstanding sectian 37-92-103 (6), as to' any applicatian <br />filed by the baard an ar after July 1, 1994, the board may only NOT acquire <br />canditional water rights ar change canditional water rights to' instream flaw <br />uses. ~~h~n all ofthc following ~onditions arc satisfied. <br /> <br />(I) The condition2tl watu rights arc loc.Med in the 'f A111pA ri~er basin <br />and \~ill be used in the rCCOveIy of spec.ies that hAve been dcocumned to be <br /> <br />PAGE 2-HOUSE BILL 00-1438 <br /> <br />:.= -- ~ <br /> <br />~~~ ~ <br /> <br />~""""'~ --~~~~=- <br /> <br />:::~_ n_u_ <br /> <br />=-==- <br />