Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision

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Eh. 269 Water and Irrigation 1305 CHAPTER 269 WATER AND IRRIGATION WATER RIGHT DETERMINATION AND ADMINISTRATION ,� • jMATE BILL NO. 212. BY SENATORS McCormicc. Bishop. Brandon. DeNier. Wattenberg. Winkler, and Strickland: 0o REPRESENTATIVES Paulson. Carpenter. McInnis. Berger. Anderson. Chlouber. Dambman• Entz. Mutzebaugh. Norton. �akey, Reeser, and Trujillo. AN ACT H . CONCERNING THE OBTAINING OF WATER RIGHTS FOR INSTREAM FLOWS BY THE =_ cCOLORADO WATER CONSERVATION BOARD, AND, IN CONNECTION THERE - �'.. WITH, PROVIDING FOR NATURAL SURFACE WATER LEVELS OR VOLUMES FOR NATURAL LAKES AND FOR THE EXCLUSION OF ALL OTHER PERSONS OR ENTI- TIES FROM OBTAINING SUCH WATER RIGHTS FOR ANY PURPOSE WHATSO- EVER. Be it enacted by the General Assemble- of the State of Colorado. ;;=_ i Section 1. Legislative intent. The general assembly hereby finds, deter- := mines, and declares that this act reaffirms, rather than changes, the general assembly's original intent and the existing law that the Colorado water con - Aervation board is the only person or entity authorized by state law to appro- - v or acquire water for minimum stream flows or for natural lake levels. Section 2. The introductor portion to 37 -92 -102 (3), Colorado Revised = Statutes, as amended, is amended to read: � "ts t 37 -92 -102. Legislative declaration. (3) Further recognizing the need to correlate the activities of mankind with some reasonable preservation of the natural environment, the Colorado water conservation board is hereby vested A�: th the EXCLUSIVE authority. on behalf of the people of the state of Colo - 7...:. - frado, to appropriate in a. manner consistent with sections 5 and 6 of article F M of the state constitution, such waters of natural streams and lakes as &the board determines may be required FOR MINIMUM STREAM FLOWS j` OR FOR NATURAL SURFACE WATER LEVELS OR VOLUMES FOR NATURAL LAKES to preserve the natural environment to a reasonable a< degree. IN THE ADJUDICATION OF WATER RIGHTS PURSUANT TO THIS ARTICLE AND OTHER .APPLICABLE LAW. NO OTHER PERSON OR ENTITY SHALL BE GRANTED A DECREE ADJUDICATING .A 1= =:RIGHT TO WATER OR INTERESTS IN WATER FOR INSTREAM ICapital letters indicate new material added to existing statutes; dashes through words indicate :'deletions from existing statutes and such material not part of act.