LEG00232

• Bill Number: SB81-414
• Year: 1981
• Title: Concerning the Establishment of Principles and Limitations Which Govern Appropriations of Water Made by the CWCB for the Purpose of Preserving the Natural Environment to a Reasonable Degree Pursuant
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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Ch.431

Water and lrrig;ition

1785

OTHER APPROPRIATOR SHALL NOT. AS AGAINST THE APPROPRI-
ATOR OF SUCH IMPORTED WATER OR HIS SUCCESSOR IN INTER-
EST, CONSTITUTE A CLAIM. BAR, OR USE FOR ANY PURPOSE
WHATSOEVER. ' ' ,

(b) ANY SUCH APPROPRIATION' SHALL BE SUBJECf TO THE
PRESENT USES OR EXCHANGES OF WATER BEING MADE BY
OTHER WATER USERS PURSUANT TO APPROPRIATION OR PRAC-
TICES IN EXISTENCE ON THE DATE OF SUCH APPROPRIATION,
WHETHER OR NOT PREVIOUSLY .cONFIRMED BY COURT ORDER
---OR-DECREE..---- ---- --

(c) BEFORE INITIATING A WATER RIGHTS FILING, THE BOARD
SHALL DETERMINE THAT THE NATURAL ENVIRONMENT WILL
BE PRESERVED TO A REASONABLE DEGREE BY THE WATER
AVAILABLE FOR THE APPROPRIATION TO BE MADE; THAT THERE
IS A NATURAL ENVIRONMENT THAT CAN BE PRESERVED TO A
REASONABLE DEGREE WITH THE BOARD'S WATER RIGHT, IF
GRANTED; AND THAT SUCH ENVIRONMENT CAN EXIST WITHOUT
MATERIAL INJURY TO WATER RIGHTS.

(d) NOTHING IN THIS SECTION IS INTENDED OR SHALL BE
CONSTRUED TO ALLOW CONDEMNATION BY THIS STATE OR ANY
PERSON OF EASEMENTS OR RIGHTS OF WAY ACROSS PRIVATE
LANDS TO GAIN ACCESS TO A SEGMENT OF A STREAM OR LAKE
WHERE A WATER RIGHT DECREE HAS BEEN AWARDED TO THE
WATER CONSERVATION BOARD. '

Section 2. Safety clause. The' general assembly hereby finds, deter-
mines, and declares that this act is necessary for the immediate preservation
of the public peace, health. and safety.,

This act became law without the Gc;>vernor's signature, June 23, 1981.