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L .? Ch. 23 Water and Irrigation 1095 CHAPTER 235 WATER AND IRRIGATION WATER RIGHT DETERMINATION AND ADMINISTRATION SENATE BILL NO. 91. BY SENATORS Eumd. Bishop. Allard. McCormick. Rizzuto. Baca. Beatty. Callihan. Fenlon. Fowler, Gdlidter Gro" Helky. P. Powers. Strickland. and Traylor: also REPRESENTATIVES D. Williams. Brown, Shoemaker. Bryan. Allison. M.L. Bird. Campbell. Dambman. Fish. Herzog. MotzebauSh. and Taylor-Link. AN ACT CONCERNING THE ACQUISITION OF WATER BY THE COLORADO WATER CONSER- VATION BOARD FOR THE PURPOSE OF PRESERVING THE NATURAL ENS IRON- MENT TO A REASONABLE DEGREE. Be it enacted by the General Assembly of the State of Colorado: Section 1. The introductory portion to 37-92-102 (3). Colorado Revised Statutes, as amended, is amended. and the said 37-92-102 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, 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- priate 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 THE BOARD DETERMINES may be required to preserve the natural envi- ronment to a reasonable degree. THE BOARD ALSO MAY ACQUIRE, BY GRANT. PURCHASE, BEQUEST, DEVISE, LEASE, EXCHANGE, OR CONTRACTUAL AGREEMENT, FROM OR WITH ANY PERSON. INCLUDING ANY GOVERNMENTAL ENTITY, SUCH WATER. WATER RIGHTS, OR INTERESTS IN WATER AS THE BOARD DETER- MINES MAY BE REQUIRED TO PRESERVE THE NATURAL ENVI- RONMENT TO A REASONABLE DEGREE, AND THE BOARD MAY INITIATE APPLICATIONS WHICH IT DETERMINES ARE NECES- SARY OR DESIRABLE FOR UTILIZING SUCH WATER, WATER RIGHTS, OR INTERESTS IN WATER, INCLUDING APPLICATIONS FOR CHANGES OF WATER RIGHTS OR AUGMENTATION PLANS FOR THIS PURPOSE. Prior to the initiation of any such appropriation OR ACQUISITION, the board shall request recommendations from the division 10% Water and Irrigation Ch. 235 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 law and interstate compact. Any appropria- tion made pursuant to this subsection (3) shall be subject to the following principles and limitations: (e) All recommendations, including those of the United States, which are transmitted to the board for water to be retained in streams or lakes to pre- serve the natural environment to a reasonable degree must be made with specificity and in writing in order that any appropriation made by the board may be integrated into the statewide system for the administration of water rights. Filings for appropriationM by the board shall be consistent with other appropriations and with the requirements of this article. 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. Approved: May 3, 1986 "'apital letters indicate new material added to eristine statutes: dashes throlreh words indicate