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

OF THE BOARD'S DETERMINATION THAT'THE DECREED APPROPRIATION AS
DECREASED WILL PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE
DEGREE, BASED ON THE ADMINISTRATIVE RECORD AND UTILIZING THE
CRITERIA OF SECIION 24-4-106 (6) AND (7), C.R.S. ANY SUCH PERSON
MAY REQUEST A STAY IN ACCORDANCE WITH THE CRITERIA OF SECTION
24-4-106 (5),C.R.S., PENDING THE REVIEW PROCEEDING. IF NO
PETITION IS FILED, THE COURT SHALL PROMPTLY ENTER AN ORDER
DECREASING THE BOARD'S APPROPRIATION DECREE IN ACCORDANCE WITH THE
BOARD'S WRITTEN DETERMINATION. IF A PETITION IS FILED, THE COURT
SHALL PROMPTLY ORDER BRIEFING AND ORAL ARGUMENT AND RENDER ITS
DECISION TO AFFIRM OR SET ASIDE THE BOARD'S DETERMINATION. IF THE
BOARD'S DETERMINATION IS AFFIRMED, THE COURT SHALL PROMPTLY ENTER
AN ORDER DECREASiNG THE SOARD' S APPROPRIATION DECREE IN ACCORDANCE
", W!TH"THE > BOARD'S 'WRITTEN 'DETERMINATION. iF THE BOARD'S
DETERMINATION IS SET ASIDE, THE COURT SHALL ENTER ITS ORDER OF
RELIEF UNDER THE PROVISIONS OF SECTION 24-4-106 (7), C.R.S..
, APPELLATE REVIEW OF THE COURT'S ORDER SHALL BE AS ALLOWED IN OTHER
WATER MATTERS.

(e) THE BOARD'S DETERMINATIONS REGARDING THE MATTERS TO BE
DETERMINED BY THE BOARD UNDER PARAGRAPH (e) OF SUBSECTION (3) OF
THIS SECTION AND PARAGRAPH (d) OF THIS SUBSECTION (4) FOR NEW
APPROPRIATIONS ,SHALL BE SUBJECI TO JUDICIAL REVIEW IN THE WATER
COURT APPLICATION, AND QECREEPROCEEDINGS INITIATED BY THE BOARD,
BASED' ON THE BOARD'S ADMINISTRATIVE RECORD AND UTILIZING THE
CRITERIA OF SECTION 24-4-106 (6) AND (7), C.R.S. THE BOARD MAY
FILE APPLICATIONS FOR CHANGES OF WATER RIGHTS AND AUGMENTATION
PLANS, AND THE WATER COURT SHALL DETERMINE MATTERS THAT ARE WITHIN
THE SCOPE OF SECTION 37-92-305.

(d) THE BOARD MAY PARTICIPATE IN THE RECOVERY
IMPLEMENTATION PROGRAM FOR ENDANGERED ,FISH SPECIES IN THE UPPER
COLORADO RIVER BASIN AND APPROPRIATE AND OBTAIN DECREES FOR
MINIMUM INSTREAM FLOWS OR NATURAL LAKE LEVELS, INCLUDING DECREE
PROVISIONS FOR MODIFICATION AND ENFORCEMENT, THE IMPLEMENTATION
OF WHICH SHALL ,NOT BE SUBJECT'TO PARAGRAPH (b) OF THIS SUBSECTION
(4), AS IT DETERMINES WILL PRESERVE THE NATURAL ENVIRONMENT OF THE
COLORADO RIVER, ENDANGEREDHSH WITHIN COLORADO TO A REASONABLE
DEGREE WHILE PROTECTING EXISTING USES WITHIN COLORADO AND NOT
DEPRIVING THE PEOPLE OF THE STATE OF COLORADO OF THE BENEFICIAL
USE OF THOSE WATERS AVAILABLE BY LAW AND INTERSTATE COMPACT.

(e) SUB-SUBPARAGRAPHS (A) AND (C) OF SUBPARAGRAPH (II) OF
PARAGRAPH (b) OF THIS SUBSECTION (4) SHALL NOT APPLY TO THE
BOARD'S CONSIDERATION OF ANY PROPOSED DECREASE WHICH WAS INCLUDED
IN A MEETING NOTICE AND AGENDA ISSUED BY THE BOARD PRIOR TO THE
EFFECTIVE DATE OF THIS SUBSECTION (4), WHETHER OR NOT THE BOARD
HAD SCHEDULED OR TAKEN ANY ACTION ON THE PROPOSAL BY SUCH DATE.
SUB-SUBPARAGRAPH (D) OF SUBPARAGRAPH (II) OF PARAGRAPH (b) OF THIS
SUBSECTION (4) SHALL NOT APPLY TO SUCH A PROPOSAL SO LONG AS THE
BOARD ESTABLISHES FAIR AND FORMAL PROCEDURES PURSUANT TO SUCH
r SUB-SUBPARAGRAPH (D) AT OR BEFORE TH~ FIRST PUBLIC MEETING THEREON

.4 PAGE 3-SENATE BILL 96-64

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