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TRANSCRIPT OF SB216, SECOND READING IN THE SENATE, MAY 3, 2001 <br />Senator Entz: ...move for favorable adoption of SB216 on second reading and also like to move <br />floor amendment 017 and the reason I am asking to have you consider 017 is the fact that the bill was <br />amended considerably on the floor and also in the journal there are some errors and I just wanted to make it <br />so everyone could read it and know what we have. And then also I do have a floor amendment 021 which <br />then that one will grandfather Breckenridge and Vail into, uh, well leave them out of SB216. <br />Chair: Senator Entz we are going to go ahead and take up 017 first so will the clerk please read <br />amendment 017. <br />Clerk: 017 by Senator Entz, strike the committee amendments. <br />Chair: Senator Entz. Thank you. <br />Senator Entz: You lnow ttris bill was introduced to give tbe Colorado Conservation Board the <br />principle responsibility for evaluating water rights, applications for in channel recreational diversions and <br />the boards' recommendations would only be overturned if they were found arbitrary and caprious. And the <br />amendment changed the balance of power and give the principle authority back to the water courts. The <br />bill now takes the Colorado Water Conservation Boazd, makes the Colorado Water Conse=vation Board <br />responsible for making recommendations to the water court that aze presumed to be accurate with respect to <br />the control of water that must be shown to get a water right and ensuring that the amount of water being <br />requested is reasonable and appropriate and any party can offer to rebut the CWCB's recommendations. <br />And this amendment, there are several clarifying amendments were adopted and these were that no <br />appropriation is needed, and I have a new fiscal note on that, I think we have two since the last time we <br />had this on the floor, and there is no two tier system and no sunset language is necessary being as we are <br />going back to the water court. And the copy of the application of the water right must be submitted to the <br />CWCB after, rather than before filing them with the water court. And the reason for strike below and start <br />over just to malce it clear, to clarify the bill as is and it makes it more readable and you understand what is <br />going on. <br />Chair: Thank you - discussion on Entz' floor amendment 017, Senator Pascoe. <br />Senator Pascoe: Thank you Mr. Chaurnan, I appreciate Senator Entz putting in the amendment <br />which was passed, I believe, House bill on the floor last time, but it is included in the strike below and the <br />rewrite and I am very supportive of your bill at this point Senator Entz. Thank you. <br />Chair: Further discussion, Senator Fitzgerald. <br />Senator Fitzgerald: Senator Entz I'd like you to clarify something for me that came up in a <br />d1SCUSSIOII lIl S»mmit COllllt}+, um, under 37-92-102, we guarantee a lot of rights along stream beds to <br />municipalities, to special districts, water and san. districts, we don't guarantee, the individual property <br />rights to an individual. This would not apply, an individual could not do what were saying a municipality <br />could do and I think that is contrary to water law as it now stands because an individual along a streambed <br />has those water rights. Could you help me through this? . <br />Chair: Senator Entz. <br />Senator Entz: Thank you, uh, we discussed ttus issue and if we open this wide open I think we'd <br />have a lot of mischievous in channel diversions made for kayaking and that is the reason we left it. And it <br />just is better if we just leave it to the muncipalities, and the water districts and so forth. I lnow it was <br />suggested, Dave Robbins suggested that we would probably be better off to leave it within these different <br />enriries. <br />-? EXHIBIT <br />Chair: Senator Fitzgerald. ?