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B. Compact Issues <br />The State Amici claim a parade of horribles at Colorado's state lines if this Court upholds <br />Golden's decree. Water Congress Brief at 9 -10; C. Springs Brief at 9. They fear that Colorado <br />will lose its ability to develop fully all of its interstate compact entitlements to water if someone <br />could build a kayak course at the state line and thereby call water down to the border in priority. <br />Presented the same argument in Ft. Collins, this Court did not find it necessary even to respond. <br />See, Northern's Ft. Collins Brief at 3. Moreover, that anyone could reassert this argument in the <br />face of the legislature's action in 2001 passing S.B. 216 is baffling. <br />S.B. 216 lays out an administrative process that is in additional to the ordinary court- <br />based process for awarding water rights in Colorado. § 37- 92- 102(6)(a -c), C.R.S. (2001). In the <br />administrative process, the CWCB must consider and make findings regarding the compact <br />implications of any application for this type of right and inform the court of the CWCB's <br />conclusions. §37- 92- 102(6)(b)(I), C.R.S.-(2001). Even though the CWCB's determination does <br />not bind the trial court, there is no basis to believe that the court would issue a decree if it found <br />that the proposed use would prevent Colorado from developing its compact entitlements. <br />Virtually every river leaving Colorado is subject to a state -line delivery obligation under <br />a compact or equitable apportionment, so the only non - consumptive, in- channel claim that would <br />trigger the State Amici's concerns is one that would seek more than Colorado must already <br />deliver. Most rivers leaving Colorado are also over - appropriated. For both of these reasons, <br />there is virtually no room for any parade of horribles. But, on those rivers where such a claim <br />could still occur, S.B. 216 may constrain new appropriations for recreational in- channel <br />diversions to protect Colorado's ability to develop its compact entitlements, especially in cases <br />17 <br />