Crystal River Supreme Court Case Decision

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constitutional standards to permit leeway to proceed rationally in light of factual studies which might show that certain existing life forms would require inordinate support to survive. We conclude that the General Assembly has established "what job must be done" with sufficient clarity. It also has answered "who must do it" since it is specifically the Colorado Water Board which is authorized to appropriate waters to accomplish the legislative purpose. It has sufficiently described the scope of the Colorado Water Board's authority. Thus, under the standard adopted in Swisher, supra, and followed in succeeding cases, Senate Bill 97 is not void for vagueness, nor an improper delegation of legislative authority. The Districts also complain of the Colorado Water Board's activities in accomplishing its delegated duties. As mentioned, DPOR did not make an independent study, but submitted that the minimum flows for fish would be adequate to preserve the remainder of the natural environment. The Colorado Water Board adopted the assumption that, in order to protect the environment to a reasonable degree, it would be sufficient to *480 appropriate minimum flows that would maintain the existing aquatic habitat and related fish production. Nowhere is it shown that such an assumption was unfounded or irrational. The Colorado Water Board made the assumption on the basis of an extensive report by DOW and on the strength of DPOR's conclusions that the minimum flows recommended by DOW were adequate for other parks and outdoor recreation purposes. It is to be presumed that the Colorado Water Board carried out its duty under the statute. Colorado Springs v. District Court, 184 Colo. 177, 519 P.2d 325 (1974). That assumption must stand in the absence of evidence that there is no rational connection between preservation of existing fish species and related fish production by minimum stream flows and preservation of the natural environment. We find the appellant's arguments as to the impropriety of the delegation unmeritorious. IV [4] Finally, the Districts contend that the Water Board has not abided by the terms of its delegated authority in establishing the quantity of water necessary to "preserve the natural environment to a reasonable degree." They make four allegations in support of this contention: (1) that the beneficial uses contemplated are not such as would support an appropriation under the constitution; (2) that the Colorado Water Board did not comply with the statutory requirement that it request recommendations from DPOR and DOW; (3) that the Colorado Water Board failed to show that it complied with the requirement that its appropriations not "deprive the people of the State of Colorado of the beneficial use of those waters available by law and interstate compact"; and (4) that the Colorado Water Board acted only to preserve fish life rather than the entire natural environment as the statute requires. Regarding the first point, the Districts concede that the instream uses contemplated are indeed beneficial. They only question whether the constitution permits appropriations for beneficial uses that do not **578 entail diversions. This question has been answered above in part I. The parties' stipulation establishes that the Colorado Water Board did request recommendations from DOW and DPOR. The fact that DPOR adopted the recommendations of DOW without making an independent study does not show that the Colorado Water Board did not make the requests required by Senate Bill 97. Thus, the Districts' second allegation is also without merit. The third allegation has been considered in part II above. The final allegation also related to a matter already discussed in part III. As noted, the Colorado Water Board determined that appropriation of the minimum flows necessary to preserve certain fish species also would suffice to maintain the rest of the natural environment. This determination was based on the Colorado Water Board's considerations, including review *481 of DOW's reports and DPOR's comments. The