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Senate Bill 01-216: Introduced
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Senate Bill 01-216: Introduced
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Last modified
6/14/2010 1:07:45 PM
Creation date
6/14/2010 12:05:20 PM
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Water Supply Protection
Description
SB 01-26
State
CO
Date
1/1/3000
Author
First Regular Session, Sixty-third General Assembly, State of Colorado
Title
Senate Bill 01-216: Introduced
Water Supply Pro - Doc Type
Legislation
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(CWCB) for review and recommendation as to whether the application <br />should be granted, granted with conditions, or denied. <br />Requires the CWCB to, after public hearing, make written findings <br />on such application concerning: <br />• Whether the adjudication and administration of the <br />recreational in- channel diversion would impair the ability <br />of Colorado to fully develop and place to consumptive <br />beneficial use its compact entitlements; <br />• The appropriate reach of stream required for the intended <br />use; <br />• Whether the recreational in- channel diversion can be <br />placed to beneficial use in view of the ownership of lands <br />abutting the reach for which the water right is sought; <br />• Whether adjudication and administration of the recreational <br />in- channel diversion would promote maximum utilization <br />of waters of the state; <br />• Whether such in- channel diversion can be exercised <br />without material injury to the vested water rights or <br />decreed conditional water rights of others; and <br />• Such other factors as may be determined appropriate and <br />set forth in rules adopted by the board, after public notice <br />and comment. <br />Specifies that this procedure does not apply to any water right or <br />conditional water right for recreational in- channel diversion purposes <br />filed before December 1, 2000. <br />Adds diversion of water by a county, municipality, city and <br />county, water district, water and sanitation district, water conservation <br />district, or water conservancy district for recreational in- channel <br />diversion purposes to the definition of "beneficial use ". <br />After the effective date of this act, limits recreational in- stream <br />diversions to a county, municipality, city and county, water district, water <br />and sanitation district, water conservation district, or water conservancy <br />district. <br />Defines "recreational in- channel diversion ". <br />Establishes standards for a water court to use when reviewing an <br />application for recreational in- channel diversion filed by a county, <br />municipality, city and county, water district, water and sanitation district, <br />water conservation district, or water conservancy district. <br />Be it enacted by the General Assembly of the State of Colorado: <br />2 SECTION 1. 37 -92 -102, Colorado Revised Statutes, is amended <br />3 BY THE ADDITION OF A NEW SUBSECTION to read: <br />-2- SBO 1 -216 <br />
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