9352

• UCREFRP Catalog Number: 9352
• Author: White, C. B.
• Title: Private Interests in Instream Flows.
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

Ch.442 WATER RIGHTS AND IRRIGATION 1521
f CHAPTER 442
WATER RIGHTS AND IRRIGATION
WATER RIGHT DETERMINATION AND ADMINISTRATION
SENATE BILL NO. 97. BY SENATORS Anderson. Kinnie, McCormick. H. Brown. De Berard. Schicifelin. Noble. Kollovsek.
Bantrryltrn. Cisnem, H. Fowlar, G.ntaey. Kimie. MacMtaau, and Pock: also REPRESENTATIVES Strang. Edmonds.
Amold. Baer. Bamvidez. Benddow. Cooper. Cwmn, Mayes. Howe, Hybl. Lamm. Ross. South. Taylor. Valdez, and Webb.
AN ACT
CONCERNING THE APPROPRIATION OF WATER. AND PROVIDING FOR THE APPRO-
PRIATION OF WATER BY THE STATE OF COLORADO TO PROTECT THE NATURAL
ENVIRONMENT.
Be it enacted by the General Assembly of the State of Colorado:
Section 1. 148-21-3 (6), (7), and (10), Colorado Revised Statutes 1963
(1969 Supp.), are amended to read:
148-21-3. Definitions. (6) "Appropriation" means the di+reFSien of a eeF-
min pemien of the waierg of the state and the application of the some A
CERTAIN PORTION OF THE WATERS OF THE STATE to a beneficial
use.
(7) "Beneficial use" is the use of that amount of water that is reasonable
and appropriate under reasonably efficient practices to accomplish without
waste the purpose for which the diversion APPROPRIATION is lawfully
made and, without limiting the generality of the foregoing, shall include the
impoundment of water for recreational purposes, including fishery or wildlife.
FOR THE BENEFIT AND ENJOYMENT OF PRESENT AND FUTURE
GENERATIONS. "BENEFICIAL USE" SHALL ALSO INCLUDE THE
APPROPRIATION BY THE STATE OF COLORADO IN THE MANNER
PRESCRIBED BY LAW OF SUCH MINIMUM FLOWS BETWEEN
SPECIFIC POINTS OR LEVELS FOR AND ON NATURAL STREAMS AND
LAKES AS ARE REQUIRED TO PRESERVE THE NATURAL ENVI-
RONMENT TO A REASONABLE DEGREE.
(10) "Priority" means the seniority by date as of which a water right is
entitled to dwer! USE or conditional water right will be entitled to divert
USE and the relative seniority of a water right or a conditional water right
in relation to other water rights and conditional water rights deriving their
supply from a common source.
Section 2. 148-21-2, Colorado Revised Statutes 1963 (1969 Supp.), is
amended BY THE ADDITION OF A NEW $UBSECTION to read:
1522 WATER RIGHTS AND IRRIGATION Ch-442
148-21-2. Declaration of policy, (3) Further recognizing the need to
correlate the activities of mankind wit? 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
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.
Section 3. 148-21-18 (1) (d), Colorado Revised Statutes 1%3 (1971 Supp.),
is amended to read:.
148-21-18. Applications for water righn or changes of such rights - plans
for augmentation. (1) (d) The fee for filing an application shall be twenty-
five dollars; and for filing a statement of opposition, the fee shall be fifteen
dollars. If more than one water right iss requested in any application, a fee
of five dollars for each additional right shall be assessed. NO FEE SHALL
BE ASSESSED TO THE STATE OF COLORADO OR ANY AGENCY OF
ITS EXECUTIVE DEPARTMENT UNDER THIS SUBSECTION (1).
Section 4. Effective date. This act shall take effect July 1, 1973.
Section 5. Safety clause. The genera) assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation of the
public peace, health, and safety.
Approved: April 23, 1973
Capital letters indicate new material added to existing statutes: dashes through words indicate