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Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision
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Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision
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6/14/2010 1:12:22 PM
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Water Supply Protection
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Fort Collins and Thornton 86CW371
State
CO
Basin
South Platte
Water Division
1
Date
6/10/1991
Author
Davis, Graham & Stubbs
Title
Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision
Water Supply Pro - Doc Type
Court Documents
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1534 Wildlife and Parks and Outdoor Recreation Ch, 253 <br />THEREOF: except that, when a recreational trail is included within a high- <br />way right- of -way., the state department of highways may acquire such contig- <br />uous land as a part of the right -of -way as is necessary to permit the <br />uninterrupted continuation of the recreational trail. <br />(5) Nothing in this section shall alter, impair, supercede, or change the <br />authority of the board or the ability of the division to acquire any interest <br />in water or water rights, pursuant to section 33 -10 -107 (1) (a). <br />(6) Trails acquired pursuant to this article shall not be used for purposes <br />of annexation or access to private lands. Access to private property may <br />be allowed upon cQ 'nsent of the landowner. Nothing in this subsection (6) <br />shall preclude the annexation of private lands with the consent of the land- <br />owner. <br />Section 3. 33 -11 -108. Colorado Revised Statutes, 1984 Repl. Vol., is <br />amended BY THE .ADDITION OF A NEW SUBSECTION to read: <br />33 -11 -108. State trails system. (5) The establishment of trails to or along <br />lakes, streams. or reservoirs shall not constitute any determination relative <br />to the suitability of the river segment for designation as a wild, scenic, or <br />recreational river under the federal "Wild and Scenic Rivers Act ". <br />Section 4. 33 -11 -109, Colorado Revised Statutes, 1984 Repl. Vol., is <br />amended BY THE ADDITION OF A NEW SUBSECTION to read: <br />33 -11 -109. Trail categories. (3) The board, through the division, is <br />authorized to conduct studies, and to promulgate such rules and regulations <br />as may be necessary for establishing and managing the Colorado greenway <br />trails system. The board shall consult and cooperate with the wildlife com- <br />mission, Colorado water conservation board, state highway commission, Col- <br />orado water resources and power development authority, and all other <br />appropriate units of state government and political subdivisions of the state. <br />including, but not limited to, any county, city, city and county, and water <br />conservation and conservancy district, any other public and private persons: <br />and any appropriate federal agencies to establish a Colorado greenway trails <br />system which minimizes adverse impacts on activities, natural features, and <br />sensitive habitats adjacent to trails. <br />Section 5. 33 -10 -106 (1), Colorado Revised Statutes, 1984 Repl. Vol., <br />is amended BY THE ADDITION OF A NEW PARAGRAPH to read: <br />33 -10 -106. Duties of the board - rules. (1) (h) Select areas in proximity <br />to lakes, streams, or reservoirs to be studied by the division for purposes <br />of determining their suitability for the establishment of trails under article <br />11 of this title: <br />(i) Designate trails to be part of the Colorado greenway trails system <br />based on recommendations of the division pursuant to section 33 -10 -108 <br />(1) (h). <br />Section 6. 33 -10 -108 (1), Colorado Revised Statutes, 1984 Repl. Vol., <br />is amended BY THE .ADDITION OF THE FOLLOWING NEW PARA- <br />GRAPHS to read: <br />33 -10 -108. Duties of the division of parks and outdoor recreation. <br />(1) (g) To provide technical assistance and information to counties, cities, <br />Ch. <br />or < <br />stn <br />alo: <br />sec <br />thi! <br />tra, <br />pul <br />in <br />gra <br />exT <br />the <br />suc <br />the <br />mi <br />of <br />
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