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<br /> <br />The first three sections of Senate Bill 97, as they appear in Colo.Sess.Laws 1973, ch. <br />442, at 1521 and 1522, read as follows: [FN3]. <br />FN3. Capital letters indicate new material, and dashes through words <br />indicate deletions. <br /> <br /> <br />"Section 1. 148-21-3(6), (7), and (10), Colorado Revised Statutes 1963 (1969 Supp.), <br />are amended to read: <br />"148-21-3. Definitions. (6) 'Appropriation' means The diversion of a certain portion of <br />the waters of the state and The application of The same A CERTAIN PORTION OF THE <br />WATERS OF THE STATE to a beneficial use. *472 "(7) 'Beneficial use' is the use of that <br />amount of water that is reasonable and appropriate under reasonably efficient practices <br />to accomplish without waste the purpose for which the Diversion APPROPRIATION is <br />lawfully made and, without limiting the generality of the foregoing, shall include the <br />impoundment of water for recreational purposes, including fishery or wildlife. FOR THE <br />BENEFIT AND ENJOYMENT OF PRESENT AND FUTURE GENERATIONS, 'BENEFICIAL USE' <br />SHALL ALSO INCLUDE THE APPROPRIATION BY THE STATE OF COLORADO IN THE <br />MANNER PRESCRIBED BY LAW OF SUCH MINIMUM FLOWS BETWEEN SPECIFIC POINTS <br />OR LEVELS FOR AND ON NATURAL STREAMS AND LAKES AS ARE REQUIRED TO <br />PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE. <br />"(10) 'Priority' means the seniority by date as of which a water right is entitled to Divert <br />USE or conditional water right will be entitled to Divert USE and the relative seniority of <br />a water right or a conditional water right in relation to other water rights and conditional <br />water rights deriving their supply from a common source. <br />"Section 2. 148-21-2. Colorado Revised Statutes 1963 (1969 Supp.), is amended BY <br />THE ADDITION OF A NEW SUBSECTION to read: <br />"148-21-2. Declaration of policy. (3) Further recognizing the need to correlate the <br />activities of mankind with some reasonable preservation of the natural environment, the <br />Colorado water conservation board is hereby vested with the authority, on behalf of the <br />people of the state of Colorado, to appropriate in a manner consistent with sections 5 <br />and **572 6 of article XVI of the state constitution, or acquire, such waters of natural <br />streams and lakes as may be required to preserve the natural environment to a <br />reasonable degree. Prior to the initiation of any such appropriation, the board shall <br />request recommendations from the division of wildlife and the division of parks and <br />outdoor recreation. Nothing in this article shall be construed as authorizing any state <br />agency to acquire water by eminent domain, or to deprive the people of the state of <br />Colorado of the beneficial use of those waters available by law and interstate compact." <br />The applications were made under the authority of these sections. They embraced three <br />segments of the Crystal River and its tributary, Avalanche Creek, which lie in Gunnison, <br />Pitkin and Garfield Counties. One segment (No. 1) consists of Avalanche Creek from its <br />confluence with Hell Roaring Creek to its confluence with the Crystal River. A second <br />segment (No. 2) encompasses the Crystal River from its confluence with Carbonate <br />Creek (near Marble) to its confluence with Avalanche Creek (below Redstone); and the <br />third (No. 3) includes the Crystal River from its confluence with Avalanche Creek to its <br />confluence with the Roaring Fork River. The Colorado Water Board asked and was <br />granted the following awards: <br /> <br /> Cubic Feet Per Second of Time <br /> ----------------------------- <br /> October 1 to April 30 May 1 to September 30 <br /> --------------------- --------------------- <br /> <br /> <br />