University of Colorado Law Review Volume 55 Issue 3 Spring 1984

• Description: Plans and Studies: The Recent Quest for a Utopia in the Utilization of Colorado's Water Resources
• Board Meetings - Doc Type: Other

408 UNIVERSITY OF COLORADO LAW REVIEW [Vol. 55
appropriation to be made; that there is a natural environment
that can be preserved to a reasonable degree with the board's
water right if granted; and that such environment can exist
without material injury to water rights.10e
2. Endangered species legislation
Also in 1973, the legislature directed the wildlife commission to
establish a list of "wildlife indigenous to this state which are deter-
mined to be endangered within this state."108 The division may ac-
quire land and aquatic habitat necessary for management of non-
game and endangered wildlife.107 In 1977, after extensive debate, a
checkoff was approved for the state income tax return which allows
contributions to be made to the non-game wildlife program.108 The
Department of Natural Resources, on the recommendation of the
Natural Areas Council, may "identify and protect certain natural
areas which . . . provide habitat for rare or endangered animal or
plant species. . . ."109 Natural area designations are contigent on
permission of the landowner.'"
3. Water Quality Control
Colorado has roughly paralleled federal legislation on water
quality control. Colorado's law calls for preventing "injury to benefi-
cial uses made of state waters, to maximize the beneficial uses of
water, and to develop water to which Colorado and its citizens are
entitled and, within this context, to achieve the maximum practical
degree of water quality."111
Colorado's water quality law must be construed "to require . . .
a water quality program in which . . . benefits of the pollution con-
105. COLO. REV. STAT. § 37-92-102(3)(c) (Supp. 1983).
106. Id. §§33-8-105.In 1977 the legislature amended this provision to provide that the
Commission establish a list of"wildlife indigenous to this state which are determined to be
endangered or threatened within this state."Id. (emphasis added).
An "endangered species" was defined as: "any species or subspecies of wildlife
whose propects of survival or recruitment within this state are in jeopardy as deter-
mined by the commission."A"threatened species" was defined as: "any species or
subspecies of wildlife which is not in immediate jeopardy of extinction but is vulner-
able because it exists in such small numbers or is so extremely restricted throughout
all or a significant portion of its range that it may become endangered."
CoLo. REV. STAT. § 33-8-103(4), (8) (1973).
107. Id. § 33-8-106 (Supp 1983).
108. Id. §§ 39-22-701 to 704 (1973 & Supp. 1983).
109. Id. § 36-10-108(1) (Supp. 1983).
110. Id. § 36-10-108.
111. Id. § 25-8-102(1) (1973).