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<br />CHAPTER 305 <br /> <br />WATER AND IRRIGATION <br /> <br />SENATE BILL 01-216 [Digest] <br /> <br />BY SENATOR(S) Entz, Dyer (Durango), Hanna, and Musgrave; <br /> <br />also REPRESENTATIVE(S) Spradley, Sinclair, Young, Johnson, Larson, Swenson, Weddig, and Williams S, <br /> <br />AN ACT <br /> <br />CONCERNING THE ESTABLISHMENT OF A PROCEDURE FOR THE ADJUDICATION OF A <br />RECREATIONAL IN-CHANNEL DIVERSION BY A LOCAL GOVERNMENT, AND MAKING AN <br />APPROPRIATION THEREFOR. <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />SECTION 1. 37-92-102, Colorado Revised Statutes, is amended BY THE ADDITION OF THE <br />FOLLOWING NEW SUBSECTIONS to read: <br /> <br />37-92-102. Legislative declaration - basic tenets of Colorado water law. (5) WITHIN THIRTY DAYS <br />AFTER INITIATING ANY WATER RIGHTS FILING FOR THE ADJUDICATION OF A RECREATIONAL <br />IN-CHANNEL DIVERSION, ANY COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER <br />DISTRICT, WATER AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />CONSERVANCY DISTRICT SHALL SUBMIT A COpy OF THE WATER RIGHTS APPLICATION TO <br />THE BOARD FOR REVIEW, <br /> <br />(6) (a) FOLLOWING A PUBLIC HEARING, IF REQUESTED BY ANY PARTY, THE BOARD <br />SHALL MAKE FINDINGS OF FACT AND A FINAL RECOMMENDATION AS TO WHETHER THE <br />APPLICATION SHOULD BE GRANTED, GRANTED WITH CONDITIONS, OR DENIED, <br /> <br />(b) IN DETERMINING WHETHER THE BOARD SHALL RECOMMEND THAT THE WATER <br />COURT GRANT, GRANT WITH CONDITIONS, OR DENY SUCH APPLICATION, THE BOARD SHALL <br />CONSIDER THE FOLLOWING FACTORS AND MAKE WRITTEN FINDINGS THEREON: <br /> <br />(I) WHETHER THE ADJUDICATION AND ADMINISTRATION OF THE RECREATIONAL IN- <br />CHANNEL DIVERSION WOULD IMP AIR THE ABILITY OF COLORADO TO FULLY DEVELOP AND <br />PLACE TO CONSUMPTIVE BENEFICIAL USE ITS COMPACT ENTITLEMENTS; <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI2001/sL305.HTM <br /> <br />06/05/2002 <br />