S.B. 216 Legislative Statement - Laserfiche WebLink

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S.B. 216 Legislative Statement S.B. 216 is designed to ensure that decrees for recreational in- channel diversions, as recognized by the Colorado Supreme Court in the City of Thornton v. City of Fort Collins case, are integrated into the state prior appropriation system in a manner which appropriately balances the need for water based recreational opportunities with the ability of Colorado citizens to divert and store water under our compact entitlements for more traditional consumptive use purposes, such as municipal, industrial and agricultural uses. It does not bestow upon any individual or entity the authority to appropriate instream flows or minimum lake levels. This remains the exclusive prerogative of the Colorado Water Conservation Board. The bill accomplishes its objectives by expressly providing for the following: 1. It specifically limits the category of entities that can obtain such decrees to those public and quasi - public entities identified in the bill. 2. It defines "recreational in- channel diversions" such that only the "minimum" flow necessary to support the recreational activity can be sought, with physical control structures defining the upstream and downstream extent of the right. The waters are to be controlled by the applicant in the identified reach, with applicant holding an ownership interest in the lands abutting the reach. By way of example, this would mean that applicant could potentially obtain a right to the minimum amount of water necessary to float a kayak through a constructed course consisting of boat chutes within the reach, such that there would exist a reasonable recreation experience, while ensuring that the entire flow of the reach is not dedicated to this right. It is anticipated that under the bill the CWCB, will establish further criteria governing such diversions, such as additional guidance upon the appropriate time of day, season of use, length of reach and minimum utilization demands, in order that additional objective benchmarks. for judging the propriety of such appropriations are established. 3. The bill bestows upon the CWCB the obligation to review applications for recreational in- channel diversions and to submit its recommendations thereon to the water court prior to the entry of any decree therefor. It provides statutory criteria for the CWCB to follow in fulfilling such responsibility. It requires that the water court not only consider the recommendations of the CWCB relative to the grant or denial of the application, but that the court specifically take into account the criteria set forth in section 37- 92- 102(5)(b), including as such may be subsequently supplemented by the CWCB through rulemaking.