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<br />Ch, 261
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<br />Water and Irrigation
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<br />. CHAPTER 261
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<br />WATER AND IRRIGATION
<br />REsERVOIRS
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<br />HOUSE: BILL NO. lOS2.'1JY REPRESENTATIVES Younglund, Bryan, Dambman, Davoren, Entz, Lucero, Shoemaker,
<br />UnderWl)Od, Bath, Herzog, Larson, Mielke, Minahan, Owens, Pankey, Paulson. Reeves, Rabb, Taylor-Little, Trujillo, and
<br />Wattenberg;
<br />also SENATORS Bishop, Allard, Sandoval, Soash, Callihiln. Glass, and McCormick.
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<br />AN ACT
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<br />CONCERNING RESERVOIRS.
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<br />Be it .nacted by the General Assembly of the State of Colorado:
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<br />Section 1. 37-87-101 (1), ColC)rado Revised Statutes, as amended, is
<br />REPEALED AND REENACTED, WITH AMENDMENTS, to tead:
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<br />37.87-101. Storage of water. (I) The right to store water of a natural
<br />stream for later application to beneficial use is recognized as a right of appro-
<br />priation under the Colorado constitution. No water storage reservoir shall
<br />be constructed, maintained, or operated in such a manner as to cause material
<br />injury to the existing rights of any person or entity i other than the owner,
<br />owners, or prophetors of any such reservoir, to the use of water intercepted
<br />or affected by such reservoir. ACquisition of right-of-way .reasonably neces-
<br />sary for the construction, maintenance, and operation of any Water storage
<br />_ reservoir, together with inlet or OlltJet and spillway structures or other water-
<br />works facilities necessary to make such reservoir effective to accomplish the
<br />beneficial use of water stored or to be stored therein, may be secured under
<br />the laws of eminent domain.
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<br />. Section 2. 37-87-102, Colorado Revised Statutes, is amended to read:
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<br />37-87-102, Definitions - natural streams and use thereof by reservoir
<br />owners. (1) AS USED IN THIS ARTICLE, UNLESS THE CONTEXT
<br />OTIlERWISE REQUIRES:
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<br />"(a) "MEAN ANNUAL FLOOD" MEANS A FLOOD WHICH HAS A
<br />MAGNITUDE (PEAK DISCHARGE) WHICH IS EXPECTED TO BE
<br />EQUALLED OR EXCEEDED ON THE AVERAGE ONCE EVERY 2.33
<br />YEARS AND HAS A FORTY-THREE PERCENT CHANCE OF BEING
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<br />fapital letters indicate new material added to existing statutes; dashes through words indicate
<br />deletions from existing statutes and such rllalerial not par.t of act.
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<br />961
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