LEG00163

• Bill Number: SB06-037
• Year: 2006
• Title: Concerning the adjudication of recreational in-channel diversions.
• Legislation - Doc Type: Other CWCB Related Bills - Passed

IF THE EFFECT ON THE RECREATIONAL IN-CHANNEL DIVERSION CAUSED BY
SUCH APPROPRIATIONS OR CHANGES DOES NOT EXCEED ONE-TENTH OF ONE
PERCENT OF THE LOWEST DECREED RATE OF FLOW FOR THE RECREATIONAL
IN-CHANNEL DIVERSION AS MEASURED AT THE RECREATIONAL IN-CHANNEL
DIVERSION AND THE CUMULATIVE EFFECTS ON THE RECREATIONAL
IN-CHANNEL DIVERSION CAUSED BY SUCH APPROPRIA nONS OR CHANGES DO
NOT EXCEED TWO PERCENT OFTHE LOWEST DECREED RATE OF FLOW FOR THE
RECREATIONAL IN.CHANNEL DIVERSION MEASURED AT THE RECREATIONAL
IN.CHANNEL DIVERSION, THE OWNER OF A WATER RIGHT FOR A
RECREATIONAL IN-CHANNEL DIVERSION MAY NOT CALL FOR WATER THAT
HAS BEEN LA WFULL Y STORED BY ANOTHER APPROPRIATOR,

SECTION 3. 37-92-305 (13), Colorado Revised Statutes, IS
amended to read:

37-92-305. Standards with respect to rulings ofthe referee and
decisions of the water judge. (13) (a) The water court shall apply 1llG
faGtOIS sd f0111l ill SGGtivl1 37-92-102 (6), All CONSIDER THE findings of
fact wlllaiuGd in th" lCCOlll111Glldatioll of MADE BY the Colorado water
conservation board PURSUANT TO SECTION 37 -92-102 ( 6) (b) REGARDING A
RECREATIONAL IN-CHANNEL DIVERSION, WHICH FINDINGS shall be
presumptive as to such facts, subject to rebuttal by any party, IN ADDITION,
THE WATER COURT SHALL CONSIDER EVIDENCE AND MAKE AFFIRMATIVE
FINDINGS THAT THE RECREATIONAL IN.CHANNEL DIVERSION WILL:

(I) NOT MATERIALLY IMPAIR THE ABILITY OF COLORADO TO FULLY
DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIAL USE ITS COMPACT
ENTITLEMENTS;

(II) PROMOTE MAXIMUM UTILIZATION OF WATERS OF THE ST ATE;

(III) INCLUDE ONLY THAT REACH OF STREAM THAT IS APPROPRIATE
FOR THE INTENDED USE;

(IV) BE ACCESSIBLE TO THE PUBLIC FOR THE RECREATIONAL
IN.CHANNEL USE PROPOSED; AND

(V) NOT CAUSE MATERIAL INJURY TO INSTREAM FLOW WATER
RIGHTS APPROPRIATED PURSUANT TO SECTION 37-92-102 (3) AND (4),

PAGE 4.SENATE BILL 06-037