SB 02-156 Signed Bill

• ISF Bill Number: SB02-156
• Description: Authorization to acquire water to improve the natural environment
• ISF - Doc Type: Final Signed Legislation

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for instream flows in a. stream channel between specific points,. or for . . .,' .-
natural surface water levels or volumes for natural lakes, for any purpose
whatsoever. The board also may acquire, by grant, purchase, DONATION,
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 IN SUCH AMOUNT as the board detennines may
be Iequired IS APPROPRIATE for minimum stream flows or for natural
surface water levels or volumes for natural lakes to preserve OR IMPROVE
the natural environment to a reasonable degree. At the request of any
person, including any governmental entity, the board shall determine in a
timely manner, not to exceed one hundred twenty days unless further time
is granted by the requesting person or entity, what terms and conditions it
"rill accept in a contract or agreement for the SUCH acquisition. by it from
such pCI~on or go~cmmcnta1 entit) of'\~atcr, ~ldcr rit;hts, or interests in
wert,! to be held by the board for minimum stream flows to presene the
natmal en:\.;.ronment to a. reasonable degree. Any contract or agreement
executed between the board and any person or governmental entity which
THAT provides water, water rights, or interests in water to the board shall be
enforceable by either party thereto as a water matter under this article,
according to the terms of the contract or agreement. THE BOARD MAY NOT
ACCEPT A DONATION OF WATER RIGHTS THAT EITHER WOULD REQUIRE THE
RE~IOV AL OF EXISTING INFRASTRUCTURE WITHOUT APPROVAL OF THE
CURRENT OWl'o.'ER 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
ACQCISmON OFW ATERRIGHTS AND 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 States 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 by

PAGE 2-SENATE BILL 02-156

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