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Last modified
7/14/2009 5:02:34 PM
Creation date
6/1/2009 12:41:43 PM
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UCREFRP
UCREFRP Catalog Number
9351
Author
Hobbs, G.
Title
Water For Recreation, Water Quality, and Wetlands".
USFW Year
1990.
USFW - Doc Type
\
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NO
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<br />enti [other than the CWCB] shall be granted <br />a decree adjudicating a right to water or <br />interests in water for instream flows in a <br />stream channel between specific <br />points, for any purpose whatsoever. <br />C.R.S. S 37-92-102(3) (emphasis added). <br />In upholding the minimum stream flow program, the <br />Court, in Colorado River Water Conservation Dist. v. Colorado <br />Water Conservation Bd., stated that "[w]e-wish to emphasize that <br />we are not hereby causing any erosion of the many opinions of <br />this court, .holding that a diversion is an essential element <br />of the water appropriations involved in those cases." 197 Colo. <br />at 476, 594 P.2d at 574. The Court's decision makes it clear <br />that any departure from the well-established rule requiring some <br />means of capture, possession and control of water, in order to <br />effectuate a valid appropriation, must be established by <br />affirmative and unambiguous legislative language. <br />2. The 1973 Legislative Debate and Equal Protection <br />Analysis Confirms the E.clusive Nature of the <br />Instream Flow Grant of Authority in the CWCB. <br />In the deliberations on Senate Bill 97 in 1973, the <br />legislative sponsors stated that only the CWCB could make minimum <br />stream flow appropriations. The floor debate on Second Reading <br />of Senate Bill 97 addressed this very issue: <br />Rep. Burns: Would this give an individual <br />the right to appropriate this water in the <br />stream and leave it there, as well as the <br />state, under this bill? <br />Rep. Smith: As far as I understand the bill, <br />on line 19, and 20 of page 1 it says <br />"beneficial use shall also include the <br />appropriation by the State of Colorado in the <br />manner prescribed by law such miniunum <br />streamflows between specific points or <br />levels" and so forth and so on. I don't set <br />-9- <br />
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