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(Colo. 2003). When it enacted S.B. 216 to address and confirm these appropriations for kayak <br />courses, the General Assembly amended the definition of diversion in effect at the time of the <br />Fort Collins case. This change allowed only govemmental entities to appropriate water for <br />recreational in-channel diversions. See C.RS. § 37-92-103(7). Otherwise, the definition of <br />diversion remains unchanged and continues to include control of water within its natural course <br />or location as a valid type of diversion. <br />The General Assembly nazned in-chanrael recreational water rights, like those <br />appropriated by the City of Fort Collins, in-channel diversions when it enacted S.B. 216. It <br />would be nonsensical to describe these water rights as diversions if they were an exception to the <br />diversion requirement. Moreover, the Legislative Statement accompanying S.B. 216 reads, in <br />pertinent part: "S.B. 216 is designed to insure that decrees for a recreational in-channel <br />diversion (RICD), as recognized by the Colorado Supreme Court in the City of Thornton v. Citv <br />of Ft. Collins, are integrated into the prior appropriation system...: " The Legislative Statement <br />clearly shows that the Legislature was merely trying to integrate these recreational in-channel <br />rights into the existing prior appropriation system. S.B. 216 also provides a more specific <br />definition of an in-channel diversion as a beneficial use, imposes linutation on the class of <br />appropriators, provides new procedural requirements, and delegates an advisory role to the <br />CWCB. However, it certainly does not create either an exception to the diversion requirement or <br />a new water right, as argued by the CWCB. <br />3. Neither the CWCB nor the water court should second-guess the intent of the <br />apnropriator. <br />The General Assembly has defined the general purpose for which water must be <br />appropriated in order to qualify as an RICD, a.nd the water court is bound by this definition. See <br />9