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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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to an administrative agency which may avail <br />itself of expert scientific opinion. <br />The CWCB is also charged with the power and duty "to <br />secure the greatest utilization" of the waters of the state, <br />C.R.S. § 37- 60- 106(1), and to pay careful attention to <br />implications involving compact entitlements. Clearly, the CWCB <br />is a suitable entity to fulfill the statutory purpose, which is <br />to balance the water development needs of the state and its water <br />users with preservation of the environment to a reasonable <br />degree. The General Assembly intended a grant of minimum stream <br />flow authority which was consistent with preserving the state's <br />well - developed prior appropriation system, as well as preserving <br />various life forms such as "flora, fauna and other aspects of the <br />natural environment." Colorado River Water Conservation Dist. v. <br />Colorado Water Conservation Bd. 197 Colo. at 478, 594 P.2d at <br />576. <br />Thus, Colorado has shown itself to be adaptable as new <br />uses and needs for water are identified, and it is conceivable <br />that the General Assembly might vest an agency Like the State <br />Board of Parks and Outdoor Recreation with authority to acquire <br />water for an instream recreational waters program. What might be <br />considered a start in this direction was made in 1990 by <br />enactment of Senate Bill 90 -35, 1990 Colo. Sess. Laws, ch. 253 <br />attached as Appendix 3 which created a State water - oriented <br />trails program called the "Colorado Greenways Trails System." <br />However, for the time being, the General Assembly in S.B. 90 -35 <br />expressly has chosen not to change the Board's existing authority <br />with respect to acquisition of water and water rights. See C.R.S. <br />
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