Laserfiche WebLink
preventing changes of water rights and exchanges that may be necessary to satisfy the growing <br />water needs of Colorado's citizens. See Farmers Res., 44 P.3d at 245 n.2. <br />C. Nothin2 i? the Colorado Constitution Prevents the Water Court from Lirnitina the <br />Amount of Water Granted for an RICD. <br />The Water judge's refusal to limit the size and scope of the RICD claimed by the <br />Applicant for its kayak course was based on his conclusion that such limits would infringe on the <br />right to divert guaranteed in the Colorado Constitution. While recognizing that the ultimate goal <br />is to maximize uses consistent with Colorado's interstate compact obligations, the Water judge <br />refused to apply the limits contained in section 37-92-103(10.3), holding that "[t]o preclude an <br />Applicant from determining precisely the size and scope of any recreational in channel diversion <br />would appear to infringe on the Constitutional right to appropriate." Findings of Fact, <br />Conclusions of Law and Order at 19. This reasoning reflects a misunderstanding of the General <br />Assembly's power to define the terms "diversion" and "beneficial use." <br />The fallacy in the Water judge's reasoning can be exposed by extending it to its logical <br />conclusion. If the constitutional right to appropriate prevents a water court from limiting the size <br />and scope of an RICD as determined by the applicant, it must also preclude the General <br />Assembly from limiting RICD water rights to governmental entities. Likewise, the General <br />Assembly could not limit the appropriation of minimum flows between specific points to <br />preserve the natural environment to a reasonable degree to the Colorado Water Conservation <br />Board. The General Assembly can impose such limits because it has the power to define the <br />terms "diversion" and "beneficial use within reasonable limits, and can Iimit the class of <br />appropriators who may appropriate water for certain purposes. <br />The Colorado Constitution states that "[t]he right to divert the unappropriated waters of <br />any natural stream to beneficial uses shall never be denied." Colo. Const., art. XVI, § 6. This <br />17