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<br />what terms and conditions it will accept in a contract or agreement for tfte SUCH acquisition. b) it [IOIll <br />Jtl~h Pc.lJoll 01 ~eyen"wl~fltdl ,uti!) of nlitl31, ..M~I libkt3, <H ifltereatJ in ..Mol to he held 5) t.fic 50Eua <br />for luifiilul:Ul'l 3tl0&1.... fie~. J to r-1C3CI. c the luMl1Ial efl. iIemucnt t5 a lcliJonlt'hlc aegree. Any contract or <br />agreement executed between the board and any person or governmental entity wflteft THAT provides <br />water, water rights, or interests in water to the board shall be enforceable by either party thereto as a <br />water matter under this article, according to the terms ofthe contract or agreement. THE BOARD MAY <br />NOT ACCEPT A DONATION OF WATER RIGHTS THAT EITHER WOULD REQUIRE THE <br />REMOVAL OF EXISTING INFRASTRUCTURE WITHOUT APPROVAL OF THE CURRENT <br />OWNER OF SUCH INFRASTRUCTURE OR THAT WERE ACQUIRED BY CONDEMNATION. <br />THE BOARD MAY USE ANY FUNDS AVAILABLE TO IT, OTHER THAN THE <br />CONSTRUCTION FUND CREATED IN SECTION 37-60-121, FOR ACQUISITION OF WATER <br />RIGHTS AND THEIR CONVERSION TO INSTREAM FLOW RIGHTS. The board may initiate such <br />applications as it determines are necessary or desirable for utilizing water, water rights, or interests in <br />water appropriated, acquired, or held by the board, including applications for changes of water rights, <br />exchanges, or augrnentation plans. Prior to the initiation of any such appropriation or acquisition, the <br />board shall request recommendations from the division of wildlife and the division of parks and outdoor <br />recreation. The board also shall request recommendations from the United States Department of <br />Agriculture and the United States Department of the Interior. Nothing in this article shall be construed as <br />authorizing any state agency to acquire water by eminent domain or to deprive the people of the state of <br />Colorado of the beneficial use of those waters available by law and interstate compact. NOTHING IN <br />THIS SUBSECTION (3) SHALL IMPACT SECTION 37-60-121 (2.5). Any appropriation made <br />pursuant to this subsection (3) shall be subject to the following principles and limitations: <br /> <br />SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the <br />expiration of the ninety-day period after final adjournment ofthe general assembly that is allowed for <br />submitting a referendum petition pursuant to article V, section 1 (3) ofthe state constitution; except that, <br />if a referendum petition is filed against this act or an item, section, or part of this act within such period, <br />then the act, item, section, or part, if approved by the people, shall take effect on the date ofthe official <br />declaration of the vote thereon by proclamation of the governor. <br /> <br />Approved: May 21, 2002 <br /> <br />Capital letters indicate new material added to existing statutes; dashes through words indicate deletions <br />from existing statutes and such material not part of act. <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI2002a1sI.149.htm <br /> <br />6/17/2002 <br />