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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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Statements on House Floor, April 2, 1973, Third Reading of <br />S.B. 97-(emphasis added). <br />It might be argued that the General Assembly's <br />authorization of the CWCB to appropriate minimum stream flows <br />(1) is a violation of a non-Board Applicant's equal protection <br />rights under the United States Constitution and (2) is special <br />legislation under Article V, Section 25, of the Colorado <br />Constitution. <br />However, it is highly doubtful that such an argument <br />would succeed. The Colorado Supreme Court has often stated the <br />applicable rule of law regarding claims of equal protection and <br />special legislation: <br />Equal Protection in its guaranty of like <br />treatment to all similarly situated permits <br />classification which is reasonable and not <br />arbitrary and which is based upon substantial <br />differences having a reasonable relation to <br />the objects or persons dealt with and to the <br />public purpose sought to be achieved by the <br />legislation involved. <br />McCart v. Goldstein, 151 Colo. 154, 158, 376 P.2d 691, 693 <br />(1962), quoting Champlin Refining Co. v. Cruse, 115 Colo. 329, <br />173 P.2d 213 (1946). <br />The classification -- if it can be termed such -- <br />between the CWCB and all other persons or entities is reasonable, <br />not arbitrary, and has a rational relationship to the purpose <br />sought to be served, i.e., the State's interest in preserving the <br />environment. On several occasions the Colorado Supreme Court has <br />recognized that the Legislature, through the minimum stream flow <br />law, has determined how environmental concerns are to be <br />integrated with the prior appropriation doctrine and that this is <br />-11- <br />
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