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APPENDIX C <br /> STATE OF COLORADO <br /> COLORADO WATER CONSERVATION BOARD <br /> Department of Natural Resources <br /> 823 State Centennial Building � <br /> 1313 Sherman Street M E M O R A N D U <br /> Denver,Colorado 80203 <br /> Phone: (303)866-3441 <br /> Richard D.Lamm <br /> Governor <br /> TO: Members, CWCB Di Director <br /> McDonald <br /> David W.Walker <br /> FROM: Bill McDonald Deputy Director <br /> DATE: April 28,1983 <br /> SUBJECT: Agenda Item 9a, May 5 , 1983 , Board Meeting-- <br /> Acquisition of Water Rights <br /> Introduction <br /> At its last meeting , the Board declined a request to use <br /> construction fund monies for the acquisition of water rights on <br /> the Blue River project . Subsequent to that decision, I have also <br /> denied the request of Meeker to use construction fund monies to <br /> acquire water rights (letter attached) . <br /> I anticipate that the Board may receive similar requests in <br /> the future, both for already authorized and new projects. The <br /> staff seeks the Board 's guidance on how to respond to such <br /> requests . <br /> Discussion <br /> Section 37-60-106( 1) (o) , CRS 1973, as amended, specifies <br /> that the Board has the power "to take all action necessary to <br /> acquire or perfect water rights for projects sponsored by the <br /> board . " This authority would seemingly permit the expenditure of <br /> construction fund monies to acquire water rights if the General <br /> Assembly authorized expeditures for such purpose . However, the <br /> statutory language does not appear to mandate that the Board fund <br /> requests to acquire water rights. <br /> Since the Board generally provides only 50 percent of the <br /> financing for a project, the issue of whether expenditures by the <br /> sponsoring entity for water rights can be used to match the <br /> Board 's funds needs to be addressed. In effect, this is the use <br /> of Board funds to acquire water rights. <br /> Attachment : as stated <br /> JWM/gl <br /> APPENDIX C 307 <br /> --- ag/i/9a <br /> John R.Fetcher,Chairman-Herbert H.Vandemoer,Vice Chairman <br /> C.M.Furneaux,Floyd L.Getz,Dale F.Grant,Robert A.Jackson,Richard W.Johnston,Jr.,Frederick V.Kroeger,David W.Robbins <br />