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<br />) <br /> <br />) , <br />, I <br /> <br />preserve the natural environment to a reasonable degree. IN <br />THE ADJUDICATION OF WATER RIGHTS PURSUANT TO THIS ARTICLE AND <br />OTHER APPLICABLE LAW, NO OTHER PERSON OR ENTITY SHALL BE <br />GRANTED A DECREE ADJUDICATING A RIGHT TO WATER OR INTERESTS IN <br />WATER FOR INSTREAM FLOWS IN A STREAM CHANNEL BETWEEN SPECIFIC <br />POINTS, OR FOR NATURAL SURFACE WATER LEVELS OR VOLUMES FOR <br />NATURAL LAKES, FOR ANY PURPOSE WHATSOEVER. The board also may <br />acquire, by grant, purchase, bequest, devise, lease, exchange, <br />or OTHER contractual agreement, from or with any person, <br />including any governmental entity, such water, water rights, <br />or interests in water as the board determines may be required <br />FOR MINIMUM STREAM FLOWS OR FOR NATURAL SURFACE WATER LEVELS <br />OR VOLUMES FOR NATURAL LAKES to preserve the natural <br />environment to a reasonable degree. aRs AT THE REQUEST OF ANY <br />PERSON, INCLUDING ANY GOVERNMENTAL ENTITY, THE BOARD SHALL <br />DETERMINE IN A TIMELY MANNER, NOT TO EXCEED ONE HUNDRED TWENTY <br />DAYS UNLESS FURTHER TIME IS GRANTED BY THE REQUESTING PERSON <br />OR ENTITY, WHAT TERMS AND CONDITIONS IT WILL ACCEPT IN A <br />CONTRACT OR AGREEMENT FOR THE ACQUISITION BY IT FROM SUCH <br />PERSON OR GOVERNMENTAL ENTITY OF WATER, WATER RIGHTS, OR <br />INTERESTS IN WATER TO BE HELD BY THE BOARD FOR MINIMUM STREAM <br />FLOWS TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE <br />DEGREE. ANY CONTRACT OR AGREEMENT EXECUTED BETWEEN THE BOARD <br />AND ANY PERSON OR GOVERNMENTAL ENTITY WHICH PROVIDES WATER, <br />WATER RIGHTS, OR INTERESTS IN WATER TO THE BOARD SHALL BE <br />ENFORCEABLE BY EITHER PARTY THERETO AS A WATER MATTER UNDER <br />THIS ARTICLE, ACCORDING TO THE TERMS OF THE CONTRACT OR <br />AGREEMENT. The board may initiate SUCH applications WRf€R AS <br />it d~termines are necessary or desirable for utilizing 5~€R <br />water, water rights, or interests in water APPROPRIATED, <br />ACQUIRED, OR HELD BY THE BOARD, including applications for <br />changes of water rights, EXCHANGES, or augmentation plans. <br />FeF-rtRf5--~~F~e5eT Prior to the initiation of any sueh <br />appropriation or acquiSition, the board shall request <br />recommendations from the division of wildlife and the division <br />of parks and outdoor recreation. The board also shall request <br />recommendations from the United States Department of <br />Agriculture and the United States Department of the Interior. <br />Nothing in this article shall be construed as authorizing any <br />stat~ agency to acquire water by eminent domain or to deprive <br />the people of the state of Colorado of the beneficial use of <br />those waters available by law and interstate compact. Any <br />appropriation made pursuant to this subsection (3) shall be <br />subject to the following.principles and limitations: <br /> <br />.J... <br />~ <br /> <br />SECTION 3. Severability. If any provision of this act <br />or the applieation thereof to any person or circumstances is <br />held invalid, such invalidity shall not affect other <br />provisions or applications of the act which can be given <br />effect without the invalid provision or application, and to <br />this end the provisions of this act are declared to be <br />severable. <br /> <br />PAGE 2~SENATE BILL NO. 212 <br /> <br />.. . <br /> <br />>(\. <br /> <br />...J." <br />