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<br />in its natural course or location, by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, well,
<br />pump, or other structure or device; EXCEPT THAT ONLY A COUNTY, MUNICIPALITY, CITY AND
<br />COUNTY, WATER DISTRICT, WATER AND SANITATION DISTRICT, WATER CONSERVATION
<br />DISTRICT, OR WATER CONSERVANCY DISTRICT MAY CONTROL WATER IN ITS NATURAL
<br />COURSE OR LOCATION FOR RECREATIONAL IN-CHANNEL DIVERSIONS. THIS DOES NOT APPLY
<br />TO APPLICATIONS FILED PRIOR TO JANUARY 1,2001.
<br />
<br />(10.3) "RECREATIONAL IN-CHANNEL DIVERSION" MEANS THE MINIMUM STREAM FLOW
<br />AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND PLACED TO BENEFICIAL USE BETWEEN
<br />SPECIFIC POINTS DEFINED BY PHYSICAL CONTROL STRUCTURES PURSUANT TO AN
<br />APPLICATION FILED BY A COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT,
<br />WATER AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER
<br />CONSERVANCY DISTRICT FOR A REASONABLE RECREATION EXPERIENCE IN AND ON THE
<br />WATER.
<br />
<br />SECTION 3. 37-92-305, COlorado Revised Statutes, is amended BY THE ADDITION OF THE
<br />FOLLOWING NEW SUBSECTIONS to read:
<br />
<br />37-92-305. Standards with respect to rulings of the referee and decisions of the water judge.
<br />(13) THE WATER COURT SHALL APPLY THE FACTORS SET FORTH IN SECTION 37-92.102 (6).
<br />ALL FINDINGS OF FACT CONTAINED IN THE RECOMMENDATION OF THE COLORADO WATER
<br />CONSERVATION BOARD SHALL BE PRESUMPTIVE AS TO SUCH FACTS, SUBJECT TO REBUTTAL
<br />BY ANY PARTY.
<br />
<br />(14) NO DECREE SHALL BE ENTERED ADJUDICATING A CHANGE OF CONDITIONAL
<br />WATER RIGHTS TO A RECREATIONAL IN-CHANNEL DIVERSION,
<br />
<br />(15) WATER RIGHTS FOR RECREATIONAL IN.CHANNEL DIVERSIONS, WHEN HELD BY A
<br />MUNICIPALITY OR OTHERS, SHALL NOT CONSTITUTE A USE OF WATER FOR DOMESTIC
<br />PURPOSES AS DESCRIBED IN SECTION 6 OF ARTICLE XVI OF THE STATE CONSTITUTION,
<br />
<br />(16) IN THE CASE OF AN APPLICATION FOR RECREATIONAL IN.CHANNEL DIVERSIONS
<br />FILED BY A COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND
<br />SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER CONSERVANCY
<br />DISTRICT FILED ON OR AFTER JANUARY 1, 2001, THE APPLICANT SHALL RETAIN ITS ORIGINAL
<br />PRIORITY DATE FOR SUCH A RIGHT, BUT SHALL SUBMIT A COPY OF THE APPLICATION TO
<br />THE COLORADO WATER CONSERVATION BOARD FOR REVIEW AND RECOMMENDATION AS
<br />PROVIDED IN SECTION 37-92-102 (6), THE BOARD'S RECOMMENDATION SHALL BECOME A
<br />PART OF THE RECORD TO BE CONSIDERED BY THE WATER COURT AS PROVIDED IN
<br />SUBSECTION (13) OF THIS SECTION,
<br />
<br />SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is
<br />necessary for the immediate preservation of the public peace, health, and safety,
<br />
<br />Approved: June 5, 2001
<br />
<br />Capital letters indicate new material added to existing statutes; dashes through words indicate deletionsfrom
<br />existing statutes and such material not part of act,
<br />
<br />http://www.state.co.us/gov_dir/leg_dir/olls/sI2001lsI.305.HTM
<br />
<br />06/05/2002
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