SB 01-216 Concerning In-Channel Recreational Diversions

• Description: SB01-216
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 4/1/2001
• Author: Bill Owens, Greg Walcher, Rod Kuharich
• Title: SB 01-216 Concerning In-Channel Recreational Diversions
• Water Supply Pro - Doc Type: Report/Study

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COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
Bill Owens, Governor
Greg Walcher, DNR Executive Director
Rod Kuharich, CWCB Director April 2001
SB 01 -216, CONCERNING IN- CHANNEL
RECREATIONAL DIVERSIONS
(As amended by the Senate Committee on Public Policy and Planning)
Background
In 1992 the Colorado Supreme Court held that entities
may obtain a water right for a flow within a stream
channel if the entity controls the water to serve the
intended purpose. The decision allowed Fort Collins to mom'
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obtain a water right for 30 cfs in the summer and 5 -cfs in
the winter for a boat chute located on the Cache La
Poudre River.
Bill Summary
In 1999 another decree was awarded to Littleton for 100 Municipalities, individuals and the
cfs for its kayaking course on the South Platte River. federal government may file for
In 1998, the City of Golden applied for an appropriation water rights for recreational boating
of up to 1000 cfs in Clear Creek — essentially all the courses. The CWCB recognizes the
available flow. benefits of having recreational
facilities and can play a role in
Because "control" is not statutorily defined and the Fort reviewing water rights applications
Collins decision is very broad, entities may now obtain a prior to submission to water court to
water right without having done much to the stream. ensure the greatest utilization of the
waters of the state."
In December 2000, applications were filed by SB 01 -216:
Breckenridge and the Eagle County Water and Sanitation Allows local governments to
District (Vail), and by the Browns (citizens in water obtain recreational water rights.
division 4) claiming all the available flow of a river.
Defines "beneficial use" to
include in- channel diversions.
Boat chutes exist or are being designed in: Provides for review by Water
Aspen Boulder Denver Courts regarding injury to other
Durango Fort Collins Golden water rights.
Grand Junction Gunnison Requires the CWCB to make
Littleton (South Suburban) Littleton (Union Avenue) findings regarding the protection of
Ouray Pueblo Salida Colorado's interstate compact
Steamboat Springs Vail entitlements; the appropriateness of
the stream reach for the intended use;
reasonable & appropriate water use.