9351

• UCREFRP Catalog Number: 9351
• Author: Hobbs, G.
• Title: Water For Recreation, Water Quality, and Wetlands".
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

streamflows.- it just says the state.

Rep. Lamm: But on that last point and I
think it is really extremely important to say
that unlike the constitutional amendment that
was attempted to be initiated last year that
was passing around which would have given any
individual the right to appropriate water in
streams, that this bill only gives that right
to the State of Colorado.
Statements on House Floor, March 9, 1973, Second Reading of
S.B. 97 (emphasis added). Continued floor debate on March 13th
was to the same effect, with Representative Lamm specifically
stating that the Legislature's intent was to preserve the
doctrine of prior appropriation and limit the minimum stream flow
program to the State:
Rep Lamm: And in effect one of the things by
setting minimum stream flows will be an
attempt in effect to preserve the legal
existence that does not exist on any stream
today any place in Colorado. So by giving
the power to the State of Colorado. and only
the State of Colorado, to make additional
appropriations, in effect to not interfere
(with) the constitution--the Colorado
constitution stands guard against anybody
interfering with your water rights.
Statements on House Floor, March 13, 1973, Second Reading of
S.B. 97 (emphasis added). Finally, the debate on Third Reading
on April 2, 1973, returned again to this point:
Rep. Smith: Mr. Speaker, members of the
House, I think Rep. Sonnenberg is expressing
concern about something that just is not a
problem in the bill. On page 2, line 9-21 of
the bill, the only agency that is given
authority to acquire this water is the
Colorado Water conservation Board.
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