Laserfiche WebLink
<br />INSTREAM FLOW USES IN THE Y AMP A RNER BASIN. <br /> <br />Be it enacted by the General Assembly a/the State a/Colorado: <br /> <br />SECTION 1. 37-92-102 (3) (c.S), Colorado Revised Statutes, is amended to read: <br /> <br />37-92-102. Legislative declaration - basic tenets of Colorado water law. (3) Further <br />recognizing the need to correlate the activities of mankind with some reasonable preservation of <br />the natural environment, the Colorado water conservation board is hereby vested with the <br />exclusive authority, on behalf of the people of the state of Colorado, to appropriate in a manner <br />consistent with sections S and 6 of article XVI of the state constitution, such waters of natural <br />streams and lakes as the board determines may be required for minimum stream flows or for <br />natural surface water levels or volumes for natural lakes to preserve the natural environment to a <br />reasonable degree. In the adjudication of water rights pursuant to this article and other applicable <br />law, no other person or entity shall be granted a decree adjudicating a right to water or interests <br />in water for instream flows in a stream channel between specific points, or for natural surface <br />water levels or volumes for natural lakes, for any purpose whatsoever. The board also may <br />acquire, by grant, purchase, bequest, devise, lease, exchange, or other contractual agreement, <br />from or with any person, including any governmental entity, such water, water rights, or interests <br />in water as the board determines may be required for minimum stream flows or for natural <br />surface water levels or volumes for natural lakes to preserve the natural environment to a <br />reasonable degree. At the request of any person, including any governmental entity, the board <br />shall determine in a timely manner, not to exceed one hundred twenty days unless further time is <br />granted by the requesting person or entity, what terms and conditions it will accept in a contract <br />or agreement for the acquisition by it from such person or governmental entity of water, water <br />rights, or interests in water to be held by the board for minimum stream flows to preserve the <br />natural environment to a reasonable degree. Any contract or agreement executed between the <br />board and any person or governmental entity which provides water, water rights, or interests in <br />water to the board shall be enforceable by either party thereto as a water matter under this article, <br />according to the terms of the contract or agreement. The board may initiate such applications as <br />it determines are necessary or desirable for utilizing water, water rights, or interests in water <br />appropriated, acquired, or held by the board, including applications for changes of water rights, <br />exchanges, or augmentation plans. Prior to the initiation of any such appropriation or acquisition, <br />the board shall request recommendations from the division of wildlife and the division of parks <br />and outdoor recreation. The board also shall request recommendations from the United States <br />Department of Agriculture and the United States Department of the Interior. Nothing in this <br />article shall be construed as authorizing any state agency to acquire water by eminent domain or <br />