An Act: Senate Bill 01-216

• Description: RICD
• State: CO
• Date: 6/5/2001
• Author: Stan Matsunaka, Doug Dean, Karen Goldman, Judith Rodigue, Bill Owens
• Title: An Act: Senate Bill 01-216
• Water Supply Pro - Doc Type: Legislation

(d) NOTHING IN SUBSECTION (5) OF THIS SECTION OR THIS
SUBSECTION (6) SHALL APPLY IN ANY WAY TO ANY APPLICATION FOR A
WATER RIGHT OR CONDITIONAL WATER RIGHT FOR RECREATIONAL
IN- CHANNEL DIVERSION PURPOSES THAT WAS FILED PRIOR TO JANUARY 1,
2001.
(e) NOTHING IN SUBSECTION (5) OF THIS SECTION OR THIS
SUBSECTION (6) SHALL APPLY IN ANY WAY TO ANY WATER RIGHT OR
CONDITIONAL WATER RIGHT FOR RECREATIONAL IN- CHANNEL DIVERSION
PURPOSES FOR WHICH A DECREE WAS ENTERED PRIOR TO THE EFFECTIVE
DATE OF THIS SUBSECTION (6), INCLUDING ANY PROCEEDING CONCERNING
DILIGENCE ON SUCH CONDITIONAL WATER RIGHT OR ANY PROCEEDING TO
MAKE SUCH CONDITIONAL WATER RIGHT ABSOLUTE.
SECTION 2. 37 -92 -103 (4) and (7), Colorado Revised Statutes, are
amended, and the said 37 -92 -103 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
37 -92 -103. Definitions. As used in this article, unless the context
otherwise requires:
(4) "Beneficial use" is the use of that amount of water that is
reasonable and appropriate under reasonably efficient practices to
accomplish without waste the purpose for which the appropriation is
lawfully made and, without limiting the generality of the foregoing,
includes the impoundment of water for recreational purposes, including
fishery or wildlife, AND ALSO INCLUDES THE DIVERSION OF WATER BY A
COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND
SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER
CONSERVANCY DISTRICT FOR RECREATIONAL IN- CHANNEL DIVERSION
PURPOSES. For the benefit and enjoyment of present and future generations,
"beneficial use" shall also include the appropriation by the state of
Colorado in the manner prescribed by law of such minimum flows between
specific points or levels for and on natural streams and lakes as are required
to preserve the natural environment to a reasonable degree.
(7) "Diversion" or "divert" means removing water from its natural
course or location, or controlling water in its natural course or location, by
means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, well,
pump, or other structure or device; EXCEPT THAT ONLY A COUNTY,
MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND
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