Transcript of SB216, Second Reading in the Senate

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• • Chairman: All opposed say No. Vote: No Chairman: The No's have it, the report lost. Chairman.: To the bill Representative Spradley Rep. Spradley: Thank you, Mr. Chairman, the bill is concerning the establishment of a procedure for the adjudication of a recreational in channel diversion by a local government. This bill had a some what long life in the senate because it took awhile to • work it out and bring everybody to the table and right now we have most parties agreeing to what the wealth of the water community is all agreed to what's happening in the bill. This bill would help water courts if there were guidelines to follow when recreational water claims are filed. Currently there are no standards and procedures. Senate bill 216 . requires local entities such as cities, counties, sanitation districts, and water districts to first file a copy of their application for a water claim with the Colorado Water Conservation Board. The Board will then conduct a review of the water claim that includes opportunities for public comments and analyze the effects the water claim would have on future water development. Those findings are then submitted to the water court • It does not replace the water court it, it sends those findings to the water courts. A need • • • • • for this legislation has come a result of certain local districts filing very large water • • • claims for in channels water diversion for recreational purposes. These are for boat chutes and kayak runs, primarily. It makes sense that attention be given to the impact of these recreational uses have on our states futures abilities to development and use water resources. There's going to be a question or just to put the record straight, this does nothing retroactive, does not effect any of those water rights that have already been granted, does nothing to those that have an application in process. This is simply future legislation, future process for how these particular recreational water rights will be treated in the future. Ask for a I vote. • Chairman: Representative Jamison Rep. Jamison: Thank you, Mr. Chairman, I move 026 to be flashed on the screen. Chairman: Properly before us, to the amendment. Rep. Jamison: Thank you, Mr. Chairman. Members there is some language in this bill that says "no decree shall be entered into adjudicating a change of conditional water rights to a recreational in channel diversion." What that says is that if you have a water right you can't do with it what you choose. Case law on this stipulates that "one who is entitled to a conditional decree defining his rights to water for future application to •use • . • • has a vested right which he may protect in case of any action by others to destroy or injure that right." What the courts have said is that you can make a stipulation like this in law. There is no way that you can say if you have a right that we can supercede that • right. And take it away from you. And that's what there trying to do with this. What we're saying is the only entities that can have in channel diversions are government, • • 3