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<br />I. Senate Bill 97 - the cornerstone of the program <br />A. Passed into law in 1973 <br />B. Recognized "... the need to correlate the activities of <br />mankind with some reasonable preservation of the <br />environment ..." <br />C. Vested the Colorado Water Conservation Board with the <br />authority "... to appropriate ... or acquire such <br />waters of natural streams or lakes as may be required <br />to preserve the natural environment to a reasonable <br />degree." <br />D. Required the Board to "... request recommendations <br />from the Division of Wildlife and the Division of Parks <br />and Outdoor Recreation." <br />E. Removed the diversion requirement from the statutory <br />definitions of "Appropriation" , "Beneficial Use" and <br />"Priority" <br />F. Expanded the definition of "Beneficial Use" to include <br />appropriations by the state of Colorado for minimum <br />stream flows and natural lake levels "... for the <br />benefit and enjoyment of present and future <br />generations..." <br />G. Denied the acquisition of water by eminent domain <br />by any state agency <br />II. The Test - Constitutionality of S.B. 97 is tried by the <br />Colorado Supreme Court in Colorado River Water Conservation <br />District v. Colorado Water Conservation Board <br />A. Ogjectors' arguments <br />1. S.B. 97 is unconstitutional because there is no <br />requirement for a physical diversion <br />2. CWCB filings should be limited to the amount of <br />water already appropriated by downstream seniors <br />3. S.B. 97 is too vague when it establishes a <br />beneficial use to "preserve the natural environment <br />to a reasonable degree" <br />-1 - <br />