An Act: Senate Bill 01-216 - Laserfiche WebLink

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SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER CONSERVANCY DISTRICT MAY CONTROL WATER IN ITS NATURAL COURSE OR LOCATION FOR RECREATIONAL IN- CHANNEL DIVERSIONS. THIS DOES NOT APPLY TO APPLICATIONS FILED PRIOR TO JANUARY 1, 2001. (10.3) "RECREATIONAL IN- CHANNEL DIVERSION" MEANS THE MINIMUM STREAM FLOW AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND PLACED TO BENEFICIAL USE BETWEEN SPECIFIC POINTS DEFINED BY PHYSICAL CONTROL STRUCTURES PURSUANT TO AN APPLICATION FILED BY A COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER CONSERVANCY DISTRICT FOR A REASONABLE RECREATION EXPERIENCE IN AND ON THE WATER. SECTION 3. 37 -92 -305, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS .to read: 37 -92 -305. Standards with respect to rulings of the referee and decisions of the water judge. (13) THE WATER COURT SHALL APPLY THE FACTORS SET FORTH IN SECTION 37 -92 -102 (6). ALL FINDINGS OF FACT CONTAINED IN THE RECOMMENDATION OF THE COLORADO WATER CONSERVATION BOARD SHALL BE PRESUMPTIVE AS TO SUCH FACTS, SUBJECT TO REBUTTAL BY ANY PARTY. (14) NO DECREE SHALL BE ENTERED ADJUDICATING A CHANGE OF CONDITIONAL WATER RIGHTS TO A RECREATIONAL IN- CHANNEL DIVERSION. (15) WATER RIGHTS FOR RECREATIONAL IN- CHANNEL DIVERSIONS, WHEN HELD BY A MUNICIPALITY OR OTHERS, SHALL NOT CONSTITUTE A USE OF WATER FOR DOMESTIC PURPOSES AS DESCRIBED IN SECTION 6 OF ARTICLE XVI OF THE STATE CONSTITUTION. (16) IN THE CASE OF AN APPLICATION FOR RECREATIONAL IN- CHANNEL DIVERSIONS FILED BY A COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER CONSERVANCY DISTRICT FILED ON OR AFTER JANUARY 1, 2001, THE APPLICANT SHALL RETAIN ITS ORIGINAL PRIORITY DATE FOR SUCH A RIGHT, BUT SHALL SUBMIT A COPY OF THE APPLICATION TO THE COLORADO WATER CONSERVATION BOARD FOR REVIEW PAGE 4- SENATE BILL 01 -216