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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. <br />