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Page 1410 Senate Journal -114th Day -May 3, 2007
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<br /> Respectfully submitted, 1
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<br /> House Committee: Senate Committee: 3
<br /> (signed) (signed) 4
<br /> Representative Curry, Chair Senator Isgar, Chair 5
<br /> Representative Buescher Senator Penry 6
<br /> Representative McNulty Senator Schwartz 7
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<br /> FIRST MINORITY REPORT OF FIRST CONFERENCE 12
<br /> COMMITTEE ON HB07 -1036 13
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<br /> * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 15
<br /> THIS REPORT AMENDS THE 16
<br /> REENGROSSED BILL 17
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<br /> To the President of the Senate and the 20
<br /> Speaker of the House of Representatives: 21
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<br /> Your first conference committee appointed on HB07 -1036, 23
<br /> concerning restrictions on the ability of governmental bodies to acquire 24
<br /> specified water rights through the exercise of the power of eminent 25
<br /> domain, has met, and a minority thereof reports that it has agreed upon 26
<br /> the following: 27
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<br /> 1. That the Senate recede from its amendments made to the bill, 29
<br /> as said amendments appear in the rerevised bill. 30
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<br /> • 2. That, under the authority ;ranted the committee to consider 32
<br /> matters not at issue between the two souses, the following amendments 33
<br /> be recommended: 34
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<br /> Amend reengrossed bill, page 7, after line 7, insert the following: 36
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<br /> "SECTION 9. 37 -3 -103 (1) (h), Colorado Revised Statutes, is 38
<br /> amended to read: 39
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<br /> 37 -3 -103. General powers. (1) In order to protect life and 41
<br /> property within the district, and to protect or relieve land subject to 42
<br /> overflowing or washing, or which is menaced or threatened by the normal 43
<br /> flow or flood or surplus or overflow waters of any natural watercourse, 44
<br /> stream, canyon, or wash, whether perennial, intermittent, or flood, and in 45
<br /> order to effect the protection of the land and other property in the district, 46
<br /> and in order to accomplish all other purposes of the district, the board of 47
<br /> directors is authorized: 48
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<br /> (h) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH (h), to 50
<br /> acquire by donation, purchase, or condemnation, to construct, own, lease, 51
<br /> use, and sell, and to hold, encumber, control, and maintain any easement, 52
<br /> water ri &ht, railroad right -of -way, canal, sluice, reservoir or retarding 53
<br /> basin, mill dam, water power, work, franchise, park, cemetery, or other 54
<br /> public way or place, or any real or personal property, public or private, in 55
<br /> or out of said district, for rights -of -way or retarding basins, or for 56
<br /> materials of construction, or for any other use not inconsistent with the 57
<br /> purposes of articles 1 to 8 of this title. No DISTRICT OTHERWISE 58
<br /> POSSESSING THE POWER OF EMINENT DOMAIN AS PROVIDED BY LAW SHALL 59
<br /> EXERCISE SUCH POWER THAT RESULTS IN THE ACQUISITION OF 60
<br /> APPROPRIATED WATER RIGHTS. 61
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<br /> SECTION 10. 37 -41 -113 (3), Colorado Revised Statutes, is 63
<br /> amended to read: 64
<br /> IIII
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<br /> 37 -41 -113. Board of directors - duties - contracts. (3) �u�lr 66
<br /> E XCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (3), THE board OF 67
<br /> DIRECTORS has the power, in addition to the means to supply water to said 68
<br /> district proposed by the petition submitted for the formation of said 69
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