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Y WATER QUALITY / QUANTITY COMMITTEE <br /> Post Office Box 2308 • Silverthorne, Colorado 80498 <br /> (970) 468 -0295 • Fax: (970) 468 -1208 • email: qqwater@colorado.net <br /> NORTHWEST COLORADO COUNCIL OF GOVERNMENT'S <br /> Water Quality/ Quantity Committee (QQ) <br /> • <br /> OPPOSES SB 216 <br /> April 12, 2001 <br /> SB 01 -216 Concerning the establishment of a procedure for the adjudication of a <br /> recreational in- channel diversion by a local government. <br /> Sponsors: Senators Entz, Dyer and Hanna <br /> Representatives Spradley, Plant, Sinclair and Young <br /> Status: Assigned to Senate Public Policy and Planning Committee <br /> Establishes limitations and a process for local governments, including special districts and <br /> conservation/conservancy districts, to file for a water right for instream recreational uses <br /> (kayaking, rafting). Requires the application be submitted to the CWCB. The CWCB will make <br /> a recommendation on the water court filing (where it will likely receive considerable deference). <br /> Requires the CWCB to make findings on the applications concerning: <br /> ➢ Whether the adjudication would impair Colorado's ability to consumptively use its <br /> compact entitlements. <br /> ➢ The appropriateness of the stream reach for the intended use. <br /> ➢ Whether the in channel recreational use can be placed to beneficial use in view of the <br /> ownership of the lands abutting the intended stream reach. <br /> ➢ Whether the in- channel recreational use would cause material injure to other instream <br /> resources or values, or other vested water rights or decreed conditional water rights. <br /> ➢ If the adjudication would promote the doctrine of maximum utilization <br /> ➢ Any other regulations the CWCB may deem appropriate. <br /> The bill also proposes a rulemaking to further clarify the process. The bill applies to any <br /> recreational water right filed after December 1, 2000. <br /> QQ is OPPOSED to SB 216 for the Following Reasons: _ <br /> > The Colorado Water Conservation Board ( "CWCB ") should not have an <br /> elevated role in evaluating these "boat chute" applications. This only adds <br /> another layer to an already complicated, complex process. The CWCB should <br /> 1 <br />