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L.gr
<br />Ch, 269
<br />Water and Irrigation
<br />CHAPTER 269
<br />WATER AND IRRIGATION
<br />WATER RIGHT DETERMINATION AND ADMINISTRATION
<br />1305
<br />SENATE BILL NO. 212. BY SENATORS McCormick. Bishop. Brandon. DeNier. Ws',7berg. Winkler, and Strickland:
<br />goo ReYEPRR and V!E§ Paulwa. Carpenter, Mclnois Berger. Anderson, CAloube Dambman, Ent:, MutxebsWh. Norton.
<br />AN ACT
<br />CONCERNING THE OBTAINING OF WATER RIGHTS FOR INSTREAM FLOWS BY THE
<br />COLORADO WATER CONSERVATION BOARD, AND, IN CONNECTION THERE-
<br />WITH, PROVIDING FOR NATURAL SURFACE WATER LEVELS OR VOLUMES FOR
<br />NATURAL LAKES AND FOR THE EXCLUSION OF ALL OTHER PERSONS OR ENTI-
<br />TIES FROM OBTAINING SUCH WATER RIGHTS FOR ANY PURPOSE WHATSO-
<br />EVER.
<br />Be it enacted by the General Assembly of the State of Colorado:
<br />Section I. Legislative intent. The general assembly hereby finds, deter-
<br />mines, and declares that this act reaffirms, rather than changes, the general
<br />assembly's original intent and the existing law that the Colorado water con-
<br />servation board is the only person or entity authorized by state law to appro-
<br />priate or acquire water for minimum stream flows or for natural lake levels.
<br />Section 2. The introductory portion to 37-92-102 (3), Colorado Revised
<br />Statutes, as amended, is amended to read:
<br />37-92-102. Legislative declaration. (3) Further recognizing the need to
<br />correlate the activities of mankind with some reasonable preservation of the
<br />natural environment, the Colorado water conservation board is hereby vested
<br />with the EXCLUSIVE authority, on behalf of the people of the state of Colo-
<br />rado, to appropriate in a manner consistent with sections 5 and 6 of article
<br />XVI of the state constitution, such waters of natural streams and lakes as
<br />the board determines may be required FOR MINIMUM STREAM FLOWS
<br />OR FOR NATURAL SURFACE WATER LEVELS OR VOLUMES FOR
<br />NATURAL LAKES to preserve the natural environment to a reasonable
<br />degree. IN THE ADJUDICATION OF WATER RIGHTS PURSUANT TO
<br />THIS ARTICLE AND OTHER APPLICABLE LAW, NO OTHER PERSON
<br />RIGHTTTO WATER OR INTERESDTS INEW TER FOR INSTREAM
<br />1306 Water and Irrigation Ch. 269
<br />FLOWS IN A STREAM CHANNEL BETWEEN SPECIFIC POINTS, OR
<br />FOR NATURAL SURFACE WATER LEVELS OR VOLUMES FOR'
<br />NATURAL LAKES, FOR ANY PURPOSE WHATSOEVER. The board also
<br />may acquire, by grant, purchase, bequest, devise, lease, exchange, or OTHER
<br />contractual agreement, from or with any person, including any governmental
<br />entity, such water, water rights, or interests in water as the board determines
<br />may be required FOR MINIMUM STREAM FLOWS OR FOR NATURAL
<br />SURFACE WATER LEVELS OR VOLUMES FOR NATURAL LAKES to
<br />preserve the natural environment to a reasonable degree. awl AT THE
<br />REQUEST OF ANY PERSON, INCLUDING ANY GOVERNMENTAL
<br />ENTITY, THE BOARD SHALL DETERMINE IN A TIMELY MANNER,
<br />NOT TO EXCEED ONE HUNDRED TWENTY DAYS UNLESS FUR-
<br />THER TIME IS GRANTED BY THE REQUESTING PERSON OR
<br />ENTITY, WHAT TERMS AND CONDITIONS IT WILL ACCEPT IN A
<br />CONTRACT OR AGREEMENT FOR THE ACQUISITION BY IT FROM
<br />SUCH PERSON OR GOVERNMENTAL ENTITY OF WATER, WATER
<br />RIGHTS, OR INTERESTS IN WATER TO BE HELD BY THE BOARD
<br />FOR MINIMUM STREAM FLOWS TO PRESERVE THE NATURAL
<br />ENVIRONMENT TO A REASONABLE DEGREE. ANY CONTRACT OR
<br />AGREEMENT EXECUTED BETWEEN THE BOARD AND ANY
<br />PERSON OR GOVERNMENTAL ENTITY WHICH PROVIDES WATER,
<br />WATER RIGHTS, OR INTERESTS IN WATER TO THE BOARD SHALL
<br />BE ENFORCEABLE BY EITHER PARTY THERETO AS A WATER MAT-
<br />TER UNDER THIS ARTICLE, ACCORDING TO THE TERMS OF THE
<br />CONTRACT OR AGREEMENT. The board may initiate SUCH applica-
<br />tions whieh AS it determines are necessary or desirable for utilizing sueh
<br />water, water rights, or interests in water APPROPRIATED, ACQUIRED,
<br />OR HELD BY THE BOARD, including applications for changes of water
<br />rights, EXCHANGES, or augmentation plans. few this purpose. Prior to the
<br />initiation of any such appropriation or acquisition, the board shall request
<br />recommendations from the division of wildlife and the division of parks
<br />and outdoor recreation. The board also shall request recommendations from
<br />the United States Department of Agriculture and the United States Depart-
<br />ment of the Interior. Nothing in this article shall be construed as authorizing
<br />any state agency to acquire water by eminent domain or to deprive the people
<br />of the state of Colorado of the beneficial use of those waters available by
<br />law and interstate compact. Any appropriation made pursuant to this subsec-
<br />tion (3) shall be subject to the following principles and limitations:
<br />Section 3. Severability. If any provision of this act or the application
<br />thereof to any person or circumstances, is held invalid, such invalidity shall
<br />not affect other provisions or applications of the act which can be given
<br />effect without the invalid provision or application, and to this end the provi-
<br />sions of this act are declared to be severable.
<br />Section 4. Safety clause. The general assembly hereby finds, deter-
<br />mines, and declares that this act is necessary for the immediate preservation
<br />of the public peace, health, and safety.
<br />Approved: June 20, 1987
<br />ranirnl lerterc indicate new material added 10 existing statutes. dashes through words indicate
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