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SB01 -216 Colorado L n' e:Council Staff REVISED Na 'FISCAL IMPACT ( Replaee..*.I TAt t c fi fed 4 ,11 10, 2001) Drafting Number: LLS 01 -1007 Date: April 27, 2001 Prime Sponsor(s): Sen. Entz Bill Status: Senate Second Reading Rep. Spradley Fiscal Analyst: Steve Tammeus (303- 866 -2756) TITLE: CONCERNING THE ESTABLISHMENT OF A PROCEDURE FOR THE ADJUDICATION OF A RECREATIONAL IN- CHANNEL DIVERSION BY A LOCAL GOVERNMENT. Summary of Assessment This bill, as amended by the Senate Public Policy Committee and the Senate Committee of the Whole, requires a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district after initiating a water rights filing for the adjudication of a recreational in- channel diversion claiming a flow rate of more than fifty cubic feet per second, to submit a copy of the application to the Colorado Water Conservation Board for recommendations. The bill requires the board to conduct a public hearing for each application and specifies factors the board must consider when evaluating the application. Claims of fifty cubic feet per second or less shall be adjudicated by the Water Court using the standard procedures established for all other water right applications. The bill requires the board to report its findings to the Water Court for review. The bill defines "beneficial use ", "diversion ", and "recreational in- channel diversion ". The bill specifies certain factors upon which the Water Judge's decision is to be based. The bill will become effective upon the signature of the Governor. The provisions of this bill are to be repealed July 1, 2003. This bill is not anticipated to affect state or local government revenue or expenditures. The Colorado Water Conservation Board and the Judicial Department will be able to support the provisions of the bill within existing resources. Departments Contacted Natural Resources Judicial