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

primarily a legislative, rather than a judicial
R.J.A., Inc. v. Water Users Assn of Dist. No. ~
828 (Colo. 1984); In re Rules & Regulations Gov
Control & Protection of Water Rights, etc., 674
(Colo. 1983); Southeastern Colorado Water Conse;
Shelton Farms, Inc., 187 Colo. 181, 191, 529 P..
(1974).
function. ee
~, 690 P.2d 823,
Yrning Use,
P.2d 914, 935
rvancy Dist. v.
2d 1321, 1327
The distinction between the Legislature authorizing a
CWCB minimum stream flow appropriation and disallowing such
appropriations by other persons bears a reasonable relationship
to the public purpose sought to be achieved by the legislation.
Section 37-92-102(3) specifies that the CWCB is to act:
on behalf of the people of the state of
Colorado, to appropriate in a manner
consistent with sections 5 and 6 of
article XVI of the state constitution, such
waters of natural streams and lakes as the
board determines may be required for minimum
stream flows or for natural surface water
levels or volumes for natural lakes to
preserve the natural environment to a
reasonable degree.
In addition to its status as an agency of the state publicly
accountable for its actions, the CWCB has expertise and a
programmatic commitment not shared by private appropriators. The
Court recognized this point in Colorado River Water Conservation
Dist. v. Colorado Water Conservation Bd., 197 Colo. at 478,
594 P.2d at 576.
The legislative objective is to preserve
reasonable portions of the natural
environment in Colorado. Factual
determinations regarding such questions as
which areas are most amenable to preservation
and what life forms are presently flourishing
should be delegated to an administrative
-12-