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<br />to deprive the people ofthe state of Colorado ofthe beneficial use of those waters available by <br />law and interstate compact. Any appropriation made pursuant to this subsection (3) shall be <br />subject to the following principles and limitations: <br /> <br />(c.5) Notwithstanding section 37-92-103 (6), as to any application filed by the board on or after <br />July 1, 1994, the board may enly NOT acquire conditional water rights or change conditional <br />water rights to instream flow uses. when all of tile fullo'Ning conditions are satisfied: <br /> <br />(1) Tile conditional water rights are loeatea in tile YaIHfla ri'ler easin and willee lIsea in tile <br />reCO'lery of species that ha'lo beon determined to be threatened or endangered pllrsuant to the <br />federal "Enoangereo Species f.et", 16 D.S.C. sec. 1533; <br /> <br />(II) The eonoitional water rights are a recognized COHlflonoHt of an ongoing recovory program <br />RflJlHl'leO by the f-cdoraI govefilillont to offset jeopar-dy to a listeo species or ad'leme Hlooification <br />to critical haBitat caused by ',vater Jlroject oepletions; <br /> <br />(III) The board has determineo that tile acquisition of conoitional water rights will provide <br />benefits to tile reeo'/ery program that would flOt be availaBle through iflitial Rflpropriation by the <br />board; and <br /> <br />(IV) A change of such cOflditional water rights is sllbject to all otherpHlYisioRs ofColoraoo law. <br /> <br />SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that <br />this act is necessary for the immediate preservation of the public peace, health, and safety. <br /> <br />Approved: June 1,2000 <br />