SB 01-216 Concerning In-Channel Recreational Diversions

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Legislation (provision by provision) Section 10 (LEGISLATIVE DECLARATION) 5(a)- Provides that only local governmental entities can obtain these types of water rights. Water rights applicants must submit a copy of the application to the CWCB and obtain a determination after a public hearing. 5(b)- Describes the findings that the CWCB must make regarding an in- channel diversion application. (1)- Whether the application would impair Colorado's ability to develop its compact entitlements. (Does the application request all, or a substantial portion of the flow? Where, in relationship to the state line, is the reach ?) (2)- Whether the identified reach is appropriate for the intended use. (Is the length of the reach too long? Is the application just an instream flow ?) (3)- Whether the municipality can put the water to beneficial use given the land- owners abutting the reach of stream. (Is the stream reach on Federal lands ?) (4)- Whether the application would cause material injury to other instream resources or values. (Would the structures harm the natural environment that is protected under an existing CWCB instream water right ?) (5)- Whether the application would promote maximum utilization. (Is the flow amount too large. Would the flow amount virtually prevent all future upstream water development ?) (6)- Whether there are other factors the CWCB should consider regarding these types of applications. 5(c) -The CWCB must report its findings to the water court and may defend its record in court. 5(d)- Grandfathers existing conditional and absolute recreational water rights. 5(e)- Grandfathers in conditionally decreed water rights (such as the Fort Collins water rights) SECTION 20 (DEFINITIONS) (4)- Conforms the definition of beneficial use to provide that only local governments may apply for this type of right. (7)- Conforms the definition of "diversion" to provide that only local governments may apply for this type of right. (10.3) -Adds a definition for "recreational in- channel diversion." SECTION 30 (STANDARDS WITH RESPECT TO RULINGS OF THE REFEREE AND DECISIONS OF THE WATER JUDGE) (13) -The level of judicial review a water court must apply in these types of applications. (a) - Administrative Procedures Act review for most of the CWCB findings. (b) - De novo review on the question of injury to the water rights of others. (c) - Prohibits the use of conditional water rights. (d) - Provides that recreational in- channel diversions, when held by a municipality, shall not constitute a domestic right for purposes of Article XVI, Section 6 of the Colorado Constitution. (14) - Local governmental entities who filed for in- channel diversions must follow the new procedures. SECTION 40 (APPROPRIATION) Provides moneys for effectuation of the act. SECTION 50 (SAFETY CLAUSE)