COLO. R. W. CON. DIST. v. COLO. R. W. CON. BD. Colo. 571
<br />Cite as, Colo., 5S4 P.2d 570
<br />Southwestern Colo. Water Conservation
<br />Dist.
<br />J. D. MacFarlane, Atty. Gen., Richard F.
<br />Hennessey, Deputy Atty. Gen., Edward G.
<br />Donovan, Sol. Gen., David W. Robbins, Spe-
<br />cial Asst. Atty. Gen., Denver, for applicant -
<br />appellee The Colorado Water Conservation
<br />Bd.
<br />Musick, Williamson, Schwartz, Leaven-
<br />worth & Cope, P. C., Boulder, Loyal E.
<br />Leavenworth, Boulder, John D. Musick, Jr.,
<br />Boulder, for third party appellees, The City
<br />of Aspen, Colo. and The Bd. of County
<br />Com'rs of the County of Pitkin.
<br />Ruth M. Wright, Boulder, for amicus cu-
<br />riae, League of Women Voters of Colo.,
<br />Musick, Williamson, Schwartz, Leaven-
<br />worth & Cope, P. C., Boulder, Alan E.
<br />Schwartz, Boulder, for amici curiae, Colo.
<br />Open Space Council, Colo. Wildlife Federa-
<br />tion, Nat'l Wildlife Federation, Colo. Coun-
<br />cil of Trout Unlimited, Colo. Audubon
<br />Council, Crystal Valley Environmental Pro-
<br />tection Ass'n.
<br />GROVES, Justice.
<br />This case involves three applications by
<br />the Colorado Water Conservation Board
<br />(Colorado Water Board) for minimum
<br />stream flow rights under an act commonly
<br />referred to as Senate Bill 97, enacted by
<br />the General Assembly in 1973 2 The Colo-
<br />rado River Water Conservation District and
<br />the Southwestern Water Conservation Dis-
<br />trict (the Districts) objected. The water
<br />judge entered decrees as requested in the
<br />applications. The Districts appealed. We
<br />affirm.
<br />The first three sections of Senate Bill 97,
<br />as they appear in Colo.Sess.Laws 1973, ch.
<br />442, at 1521 and 1522, read as follows: 3 .
<br />"Section 1. 148- 21 -3(6), (7), and (10),
<br />Colorado Revised Statutes 1963 (1969
<br />Supp.), are amended to read:
<br />"148 -21-3. Definitions. (6) `Appropri-
<br />ation' means
<br />the
<br />application of the same A CERTAIN
<br />PORTION OF THE WATERS OF THE
<br />STATE to a beneficial use.
<br />"(7) `Beneficial use' is the use of that
<br />amount of water that is reasonable and
<br />appropriate under reasonably efficient
<br />practices to accomplish without waste the
<br />purpose for which the diversion APPRO-
<br />PRIATION is lawfully made and, with-
<br />out limiting the generality of the forego-
<br />ing, shall include the impoundment of
<br />water for recreational purposes, including
<br />fishery or wildlife. FOR THE BENEFIT
<br />AND ENJOYMENT OF PRESENT AND
<br />FUTURE GENERATIONS, `BENEFI-
<br />CIAL USE' SHALL ALSO INCLUDE
<br />THE APPROPRIATION BY THE
<br />STATE OF COLORADO IN THE MAN-
<br />NER PRESCRIBED BY LAW OF SUCH
<br />MINIMUM FLOWS BETWEEN SPE-
<br />CIFIC POINTS OR LEVELS FOR AND
<br />ON NATURAL STREAMS AND LAKES
<br />AS ARE REQUIRED TO PRESERVE
<br />THE NATURAL ENVIRONMENT TO A
<br />REASONABLE DEGREE.
<br />"(10) `Priority' means the seniority by
<br />date as of which a water right is entitled
<br />to divArt USE or conditional water right
<br />will be entitled to dlvepk USE and the
<br />relative seniority of a water right or a
<br />conditional water right in relation to oth-
<br />er water rights and conditional . water
<br />rights deriving their supply from a com-
<br />mon source.
<br />"Section 2. 148 -21 -2. Colorado Re-
<br />vised Statutes 1963 (1969 Supp.), is
<br />amended BY THE ADDITION OF A
<br />NEW SUBSECTION to read:
<br />"148 -21 -2. Declaration of policy. (3)
<br />Further recognizing the need to correlate
<br />the activities of mankind with some rea-
<br />sonable preservation of the natural envi-
<br />ronment, the Colorado water conservation
<br />board is hereby vested with the authority,
<br />on behalf of the people of the state of
<br />Colorado, to appropriate in a manner con-
<br />sistent with sections 5 and 6 of article
<br />1. Codified as- subsections 37- 92- 102(3) and 37-
<br />92- 103(3), (4) and (10), C.R.S.1973.
<br />3. Capital letters indicate new material, and
<br />dashes through words indicate deletions.
<br />2. Colo.Sess.Laws 1973, ch. 442, at 1521.
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