9355

• UCREFRP Catalog Number: 9355
• Author: Merriman, D.
• Title: The Colorado Water Conservation Board Program.
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

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