LEG00025

• Bill Number: SB96-064
• Year: 1996
• Title: Concerning Instream Flow Appropriations of the Colorado Water Conservation Board
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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1996

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SENATE BILL 96~064

BY SENATORS Norton, Ament, R. Powers, and Tebedo;
a 1 so 'REPRESENTATIVES Jerke, Mart in, Reeser, and 'Surl i vant.

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CONCERNING INSTREAM FLOW APPROPRIATIONS OF THE COLORADO WATER
CONSERVATION BOARD,

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Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 37-92-102, Colorado Revised Statutes, 1990 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION
to read:

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37-92-102. 'legislative declaration - basic 'tenets of
Colorado water law. (4)' ANY APPROPRIATION MADE' PURSUANT TO
SUBSECTION (3) OF THIS SECTION SHALL ALSO BE SUBJECT TO THE
FOLLOWING PRINCIPLES AND LIMITATIONS:

(a) UTILIZING A PUBUC NOTICE AND COMMENT PROCEDURE, THE
BOARD, IN ITS ' DISCRETION,' MAY DETERMINE WHETHER OR NOT TO
APPROPRIATE MINIMUM STREAM FLOWS OR' NATURAL LAKE' LEVELS, OR
DECREASE SUCH AN' APPROPRIATION, TO PRESERVE THE NATURAL
ENVIRONMENT TO A REASONABLE DEGREE. THE BOARD MAY ADOPT
CONDITIONS ATTACHED TO AN APPROPRIATION OR DECREASED
APPROPRIATION, MAY FILE OR WITHDRAW STATEMENTS OF OPPOSITION IN
WATER COURT' CASES, AND ENTER INTO STIPULATIONS FOR DECREES OR
OTI:lERFORMS OF CONTRACTUAL AGREEMENTS,INClUDING ENFORCEMENT
AGREEMENTS, THAT IT DETERMINES WILL PRESERVE' THE NATURAL
ENVIRONMENT TO A REASONABLE DEGREE. ALL CONTRACTUAL AGREEMENTS
AND STIPULATIONS ENTERED' INTO BY THE BOARD PRIOR TO THE EFFECTIVE
DATE OF, THIS, SUBSECTION (4) REGARDING ENFORCEMENT OF ITS
APPROPRIATIONS SHALL BE GIVEN FULL FORCE AND EFFECT. ANY INCREASE
TO AN EXISTING MINIMUM STREAM FLOW OR NATURAL LAKE LEVEL

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Capital letters indicate new material added to existing statutes;
dashes through words i ndi cate del et ions from exi st i ng statutes and
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