SB 01-216 Concerning In-Channel Recreational Diversions

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Talking Points Concerning SB 01 -216 "The Ability of the CWCB to Handle Policy Matters a Water Court Cannot" Water Courts Can: • Receive Statements of Opposition from anyone with a concern about a water rights application; • Resolve disputes between parties to the litigation; • Deal with injury to existing rights. Water Courts Cannot: • Look into the future to address potential impacts of a large recreational flow application, for instance an application that seeks all the available flow of a stream; • Place terms and conditions on water right applications for a party without existing rights that are specifically injured by an application; • Speculate or handle policy questions. The CWCB: • Operates under a statutory mandate to ensure the maximum utilization of the water of the state, including protecting Colorado's ability to develop waters apportioned to us by interstate compacts; • Looks to the future and establishes policies; • Has experience with administrative procedures to ensure due process and to hear all points of view; • Can design flexible processes to ensure upstream users are not deprived of the future use of water; • Can analyze the impact of a recreational flow on potential future exchanges and transfers of water; • Is designed to handle policy issues with the input of representatives of each major water basin, the city and county of Denver, the Attorney general, the Executive Director of the DNR, the Agricultural Commissioner and the Director of the Division of Wildlife.