LEG00206

• Bill Number: SB05-062
• Year: 2005
• Title: Concerning additional requirements applicable to the adjudication of a recreational in-channel diversion
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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recreational uses.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 37-92-103 (4). (7). and 00.3). Colorado Revised
Statutes. are amended. and the said 37-92-103 is further amended BY
THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS. to

read:

37-92-103. Definitions. As used in this article. unless the context

otherwise requires:

(4) "Beneficial use" is the use of that amount of water that is

reasonable and appropriate under reasonably efficient practices to

accomplish without waste the pumose for which the appropriation is

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lawfully made and. without limiting the generality of the foregoing. :

includes the impoundment of water for recreational PUfOoses. inCluding

fisherv or wildlife. and also includes the diyersion of water by a county.

municioality. city and county. water district. water and sanitation district.

water conservation district. or water conserVancy district for recreational

in~channel diyersion pumoses. For the benefit and enioyment of oresent

and future generations. "beneficial use" shall also include the

appropriation by the state of Colorado in the manner ore scribed by law

of such minimum flows between soecific points or leyels for and on

natural streams and lakes as are required to ore serve the natural

environment to a reasonable degree. WATER DIVERTED FOR A

RECREATIONAL IN-CHANNEL DIVERSION IN EXCESS OF THREE HUNDRED

FIFfY CUBIC FEET PER SECOND SHALL CONCLUSIVELY BE DEEMED TO BE
WASTED. AND NOT PLACED TO BENEFICIAL USE: EXCEPT THAT SUCH
LIMITATION SHALL NOT APPL YTOTHEADMINISTRATIONOF A WATER RIGHT

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