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Last modified
8/15/2009 11:40:36 AM
Creation date
9/30/2006 8:11:50 PM
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Legislation
Bill Number
SB06-037
Year
2006
Title
Concerning the adjudication of recreational in-channel diversions.
Legislation - Doc Type
Other CWCB Related Bills - Passed
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<br />,,' . <br /> <br />(b) IN DETERMINING WHETHER THE INTENDED RECREATION <br />EXPERIENCE IS REASONABLE AND THE CLAIMED AMOUNT IS THE <br />APPROPRIATE FLOW FOR ANY PERIOD, THE WATER COURT SHALL CONSIDER <br />ALL OF THE FACTORS THAT BEAR ON THE REASONABLENESS OF THE CLAIM, <br />INCLUDING THE FLOW NEEDED TO ACCOMPLISH THE CLAIMED RECREATIONAL <br />USE, BENEFITS TO THE COMMUNITY, THE INTENT OF THE APPROPRIATOR, <br />STREAM SIZE AND CHARACTERISTICS, AND TOTAL STREAMFLOW AVAILABLE <br />AT THE CONTROL STRUCTURES DURING THE PERIOD OR ANY SUBPERIODS FOR <br />WHICH THE APPLICATION IS MADE, <br /> <br />(c) IF A WATER COURT DETERMINES THAT A PROPOSED <br />RECREATIONAL IN.CHANNEL DIVERSION WOULD MATERIALLY IMPAIR THE <br />ABILITY OF COLORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE <br />BENEFICIAL USE ITS COMPACT ENTITLEMENTS, THE COURT SHALL DENY THE <br />APPLICATION, <br /> <br />(d) IN ADDITION TO DETERMINING THE MINIMUM AMOUNT OF STREAM <br />FLOW TO SERVE THE APPLICANT'S INTENDED AND SPECIFIED REASONABLE <br />RECREATION EXPERIENCE, THE WATER COURT SHALL MAKE A FINDING IN THE <br />DECREE AS TO THE FLOW RATE BELOW WHICH THERE IS NO LONGER ANY <br />BENEFICIAL USE OF THE WATER AT THE CONTROL STRUCTURES FOR THE <br />DECREED PURPOSES. <br /> <br />(e) IF THE OTHER ELEMENTS OF THE APPROPRIATION ARE SATISFIED, <br />THE DECREE SHALL SPECIFY THE TOTAL VOLUME OF WATER REPRESENTED BY <br />THE FLOW RATES DECREED FOR THE RECREA T10NALIN-CHANNELDIVERS10N, <br />FOR PURPOSES OF THIS SUBSECTION (13), THE "TOTAL VOLUME OF WATER <br />REPRESENTED BY THE FLOW RATES DECREED FOR THE RECREATIONAL <br />IN.CHANNEL DIVERSION" MEANS THE SUM OF THE FLOW RATES CLAIMED IN <br />CUBIC FEET PER SECOND FOR EACH DAY ON WHICH A CLAIM IS MADE <br />MULTIPLIED BY 1,98, <br /> <br />(f) IF THE COURT DETERMINES THAT THE TOTAL VOLUME OF WATER <br />REPRESENTED BY THE FLOW RATES DECREED FOR THE RECREATIONAL <br />IN.CHANNEL DIVERSION EXCEEDS FIFTY PERCENT OF THE SUM OF THE TOTAL <br />AVERAGE HISTORICAL VOLUME OF WATER FOR THE STREAM SEGMENT WHERE <br />THE RECREATIONAL IN-CHANNEL DIVERSION IS LOCATED FOR EACH DAY ON <br />WHICH A CLAIM IS MADE, THE DECREE SHALL: <br /> <br />(I) SPECIFY THAT THE STATE ENGINEER SHALL NOT ADMINISTER A <br /> <br />PAGE 5.SENATE BILL 06.037 <br />
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