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Case No. 02SA224 Affidavit of Dawn M. Heher March 2003
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Case No. 02SA224 Affidavit of Dawn M. Heher March 2003
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Case No. 02SA224 Affidavit of Dawn M. Heher March 2003
State
CO
Date
3/17/2003
Author
Heher, Dawn M.
Title
Case No. 02SA224 Affidavit of Dawn M. Heher March 2003
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EXCERPTS FROM TRANSCRIPT OF SB 216 (2001) <br />May 8, 2001,11:21 a.m. through 12.07 p.m. <br />Rep. Plant (page 2): <br />"I think this is a change in water law, obviously something that in Colorado we take very <br />seriously I don't know why were so fearful that the senate is going to either concur or not <br />concur." <br />Rep. Spradley (page 3): <br />"This bill would help water courts if there were guidelines to follow when recreational <br />water claims are filed. Currently there are no standards and procedures.... <br />A need for this legislation has come a result of certain local districts filing very large <br />water claims for in channels water diversion for recreational purposes. These are for boat <br />chutes and kayak runs, primarily. It makes sense that attention be given to the impact of <br />these recreational uses have on our states futures abilities to development and use water <br />resources." <br />Rep. Spradley (page 4): <br />"Because these water rights that have never called to be developed into calling rights for <br />a very small cost of simply developing, putting some boulders into the stream and <br />developing a kayak run or a boat chute. All of sudden you have something that is going <br />to Aotally change the prior appropriation system." <br />Rep. Young (page 4): <br />"If you strike these lines we're looking at the development of a new kind of concept here, <br />when you start talking about filing for a recreational right." <br />Rep. Jamison (page 5): <br />"Thank you, Mr. Chairman, lets make no bones about it. We are creating a new water <br />right here, the sponsor had said that earlier." <br />Rep. Plant (page 6): <br />"This issue isn't even settled right now, its being adjudicated in Golden and we don't <br />know what the decision of that Judge is going to be, and it may very well be that the <br />decision of that judge establishes further case law, that supports what Representative <br />Spradley is attempting to do by changing our water law statutes and creating a new right. <br />This may not be even necessary we don't know until the judgment comes down from the <br />case in Golden." <br />Rep. Spradley (page 7): <br />"Thank you, just to maybe wrap this up these recreational water rights are new water <br />rights. The people that bought conditional water rights did that before they even knew <br />there was a recreational water right that existed. Ask for a NO vote." <br />
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