9352 - Laserfiche WebLink

Home Browse Search

L. *16 ? 1784 Water and Irrigation Ch. 431 Ch. 431 Water and Irrigation 1785 OTHER APPROPRIATOR SHALL NOT, AS AGAINST THE APPROPRI- ATOR OF SUCH IMPORTED WATER OR HIS SUCCESSOR IN INTER- EST, CONSTITUTE A CLAIM, BAR, OR USE FOR ANY PURPOSE WHATSOEVER. CHAPTER 431 WATER AND IRRIGATION WATER RIGHT DETERMINATION AND ADMINISTRATION - GENERAL SENATE BILL NO. 414. BY SENATORS Yon, Anderson, Clark. D. Sandovn+, , and Fowk?; Rsealso ws. REPRESENTATIVES Spnro, Youglund, Hinman- Skoemnker ytsh , Batty. Winkler. Bledsoe, Gillis. Lillpop, Paulson, and AN ACT CONCERNING THE ESTABLISHMENT OF PRINCIPLES AND LIMITATIONS WHICH GOVERN APPROPRIATIONS OF WATER MADE BY THE COLORADO WATER CONSERVATION BOARD FOR THE PURPOSE OF PRESERVING THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE PURSUANT TO SECTION 37-92-102 (3), COLORADO REVISED STATUTES 1973. Be it enacted by the General Assembly of the State of Colorado: Section 1. 37-92-102 (3), Colorado Revised Statutes 1973, is amended to read: 37-92-102. Legislative declaration. (3) Further recognizing the need to correlate the activities of mankind with some reasonable preservation of the natural environment. the Colorado water conservation board is hereby vested with the authority, on behalf of the people of the state of Colorado, to appro- ppiate in a manner consistent with sections 5 and 6 of article XVI of the state constitution, or acquire, such waters of natural streams and lakes as may be required to preserve the natural environment to a reasonable degree. Prior to the initiation of any such appropriation, the board shall request recommendations from the division of wildlife and the division of parks and outdoor recreation. 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 law and interstate compact. ANY APPROPRIATION MADE PUR- SUANT TO THIS SUBSECTION (3) SHALL BE SUBJECT TO THE FOL- LOWING PRINCIPLES AND LIMITATIONS: (a) ANY SUCH APPROPRIATION WHICH IS BASED UPON WATER IMPORTED FROM ONE WATER DIVISION TO ANOTHER BY SOME (b) ANY SUCH APPROPRIATION SHALL BE SUBJECT TO THE PRESENT USES OR EXCHANGES OF WATER BEING MADE BY OTHER WATER USERS PURSUANT TO APPROPRIATION OR PRAC- TICES IN EXISTENCE ON THE DATE OF SUCH APPROPRIATION, WHETHER OR NOT PREVIOUSLY CONFIRMED BY COURT ORDER OR DECREE. (c) BEFORE INITIATING A WATER RIGHTS FILING, THE BOARD SHALL DETERMINE THAT THE NATURAL ENVIRONMENT WILL BE PRESERVED TO A REASONABLE DEGREE BY THE WATER AVAILABLE FOR THE APPROPRIATION TO BE MADE; THAT THERE IS A NATURAL ENVIRONMENT THAT CAN BE PRESERVED TO A REASONABLE DEGREE WITH THE BOARD'S WATER RIGHT, IF GRANTED; AND THAT SUCH ENVIRONMENT CAN EXIST WITHOUT MATERIAL INJURY TO WATER RIGHTS. (d) NOTHING IN THIS SECTION IS INTENDED OR SHALL BE CONSTRUED TO ALLOW CONDEMNATION BY THIS STATE OR ANY PERSON OF EASEMENTS OR RIGHTS OF WAY ACROSS PRIVATE LANDS TO GAIN ACCESS TO A SEGMENT OF A STREAM OR LAKE WHERE A WATER RIGHT DECREE HAS BEEN AWARDED TO THE WATER CONSERVATION BOARD. Section 2. Safety clause. The general assembly hereby finds, deter- mines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. This act became law without the Governor's signature, June 23, 1981. r'apital letters indicate new matrrint a,ift-t r..._:..:_.. -. _..