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Revised July 8 10 , 2009 Threshold Criteria – the following criteria must be met in order for an application to be funded out of a Basin Account or to undergo furt her evaluation from the Statewide Account. 1. The water activity meets the eligibility requirements outlined in Part 2 of these criteria and guidelines. 1 2. The water activity is consistent with Section 37-75-102 C.R.S. 3. The water activity underwent an evaluation and approval process and was approved by the BRT and the application includes a description of the results of the BRTs evaluation and approval of the activity. At a minimum, the description must include the level of agreement reached by the roundtable, including any minority opinion(s) if there was not general agreement for the activity. The description must also include reasons why general agreement was not reached (if it was not), including who opposed the activity and why they opposed it. 2 4. The water activity meets the provisions of Section 37-75-104 (2) (c), C.R.S. The Basin Roundtable Chairs shall include in th eir approval letters for particular WSRA grant applications a description of how the water activity either furthers the Basin’s water needs assessment or meets a consumptive or non-consumptive water supply need identified in the roundtable’s working needs assessment. 1 37-75-102. Water rights - protections. (1) It is the policy of the General Assembly that the current system of allocating water within Colorado shall not be superseded, abr ogated, or otherwise impaired by this article. Nothing in this article shall be interpreted to repeal or in any manner amend the existing water rights adjudication system. The General Assembly affirms the state constitution's recogn ition of water rights as a private usufructuary property right, and this article is not intended to restrict the ability of the holder of a water right to use or to dispose of that water right in any manner permitted under Colorado law. (2) The General Assembly affirms the protections for contr actual and property rights recognized by the contract and takings protections under the state constitution and related st atutes. This article shall not be implemented in any way that would diminish, impair, or cause injury to any pr operty or contractual right created by intergovernmental agreements, contracts, stipulations among parties to water cases, terms and conditions in water decrees, or any other similar document related to the allocation or use of water. Th is article shall not be construed to supersede, abrogate, or cause injury to vested water rights or decreed conditional water rights. The General Assembly affirms that this article does not impair, limit, or otherwis e affect the rights of persons or entities to enter into agreements, contracts, or memoranda of understanding with other persons or entit ies relating to the appropriation, movement, or use of water under other provisions of law. 2 37-75-104 (2)(c). Using data and information from the St atewide Water Supply Initiative and other appropriate sources and in cooperation with the on-going Statewide Water Supply Initiati ve, develop a basin-wide consumptive and nonconsumptive water supply needs assessment, conduct an analysis of available unappropriated waters within the basin, and propose projects or methods, both structural and nonstructural, for meeting those needs and utilizing those unappropriated waters where appropriate. Basin Ro undtables shall actively seek the input and advice of affected local governments, water providers, and other inte rested stakeholders and persons in establishing its needs assessment, and shall propose projects or methods for mee ting those needs. Recommendations from this assessment shall be forwarded to the In terbasin Compact Committee and other basin ro undtables for analysis and consideration after the General Assembly has approv ed the Interbasin Compact Charter. 14 16 Page of