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though the later use is junior in priority to the instream flow appropriation (Balcolb, unpubl.). After 8 years of operation under S.B. 97, the Colorado Legislature amended the law with the enactment of S.B. 414 in 1981. The general purpose of S.B. 414 was to clarify procedures for appropriation of instream flow and to establish principles and limitations that would govern appropriation, by providing additional guidance to the State agencies involved in the process. The following language was added to the end of CRS S 37 92-102 (1973) and Cum. Supp. (1986). Any appropriation made pursuant to this subsection (3) shall be subject to the following principles and limitations: (a) Any such appropriation which is based upon water imported from one water division to another by some other appropriator shall not as against the appropriator of such imported water or his successor in interest, constitute a claim, bar, or use for any purpose whatsoever. (b) Any such appropriation shall be subject to the present uses or exchanges of water being made by other water users pursuant to appropri at i on or pract ices in existence on the date of such appropriation, whether or not previously confirmed by court order or decree. (c) Before initiating a water rights filing, the board shall deter- mine that the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the Board's water right, if granted; and that such environment can exist without material injury to water rights. (d) Nothing in this section is intended or shall be construed to allow condemnation by this state or any person of easements or rights of way across private lands to gain access to a segment of a stream or lake where a water right decree has been awarded to the Water Conservation Board. (CRS s 37-92-102 (1973 and Cum. Supp. 1986)). In the spring of 1986, the Colorado Legislature passed S.B. 91, amending CRS S 37-92-102(3), which requires the CWCB to request recommendations from the U. S. Department of Agri culture and the U. S. Department of the Interi or regarding appropriation or acquisition of water for "preservatio,n of the environment to a reasonable degree." Under previous State law, only DOW an.d DPOR were required to be consulted by the CWCB in determining requests for appropriation or acquisition of water under the CWCBls instream flow program. However, the program has always included consideration of comments from the public. 18 ~