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

a i
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
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 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 modest decree was awarded to the City Municipalities are filing for water
of Littleton for 100 cfs for its kayaking course on the rights for recreational boating.
South Platte River. Individuals and the federal
government may also file for such
In 1998, the City of Golden applied for an appropriation rights. The CWCB recognizes the
of up to 1000 cfs for flows in Clear Creek — essentially benefits to communities of having
all the available flow in Clear Creek. recreational facilities and can play an
important role in reviewing water
Because "control" is not statutorily defined and the Fort rights applications prior to
Collins decision is very broad, entities can now claim submission to water court and thus,
control without having done much to the stream. fulfill its statutory obligation to
ensure the "greatest utilization of the
In December 2000, four similar applications were filed waters of the state." SB 01 -216:
by Aspen, Breckenridge, the Eagle County Water and ❑ Allows local governments to
Sanitation District (Vail), and by the Browns (citizens in obtain recreational water rights.
water division 4).
❑ Defines "beneficial use" to
Boat chutes exist or are being designed in: include in- channel diversions.
Boulder Denver ❑ Provides for review by Water
Durango Fort Collins Courts regarding injury to other
Golden Grand Junction water rights.
Gunnison Littleton (South Suburban)
Littleton (Union Avenue) Ouray ❑ Requires the CWCB to make
Pueblo Salida findings regarding the protection of
Colorado's interstate compact
Steamboat Springs Vail entitlements; the appropriateness of
the stream reach for the intended use;
reasonable & appropriate water use.