Laserfiche WebLink
r <br />Upper Gunnison Rivei^ Water Conservancy District <br />02CW038 <br />out of the state or to stop development of traditional water rights.s (If the court wishes, it can view <br />all the cites herein to legislative hearing transcripts in fuller context in State Exhibit 9). Thus the main <br />concerns after Fort Collins were that the entire amount of available flow in a stream not be "grabbed" <br />for recreational in-channelpurposes, that recreational in-channel water rights would not interfere with <br />Colorado's ability to develop its compact entitlements or hamper maximum utilization, and that <br />entities such as the federal government or other special interest groups not be allowed to seek such <br />water rights. <br />B. How did SB 216 address these issues? <br />5 See April 12, 2001 Hearing at 1(remarks of Senator Entz: "Entities could use the <br />current law to claim very high flows at the State borders to essentially export water to California, <br />Kansas and other states for use outside the State of Colorado."); at p. 9(remarks of CWCB <br />Director Rod Kuharich: "I would look at the potential for holding these rights for individuals and <br />special interest groups as potentially being fraught with mischief where an attempt to develop a <br />water right would be met with an instream flow filing for recreational purposes. At the other end <br />of the spectrum, I thinlc it also excludes the federal government from filing on these water <br />rights."); May 7, 2001 Hearing at p. 4(remarks of CWCB Director Rod Kuharich: "There are <br />local boat chutes that should have a measure of local control rather than national special interest <br />groups or quite possibly the agencies of the federal government."); p. 12 (remarks of First <br />Assistant Attomey General Steve Sims: "Although there are statutes in place now to prevent the <br />export of water, we were worried that they may not be strong enough to get the job done should <br />some outside entity come in to make mischief and create one of these riots right on the State <br />Board [sic: should be "State Border"] that would pull the water through all the upstream uses and <br />not allow them to do that, and then we would give up our rights for the future.). <br />-6-