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<br />Page 3
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<br />In addition to section 37-92-l02(3)'s express grant of authority to the CWCB to acquire
<br />water, water rights or interests in water, section 37-60-121(3)(b), C.R,S.,authorizes the CWCB to
<br />"accept, allocate, expend, and otherwise use contributions and donations of money, property, or
<br />equipment from any source to carry out the purposes of this article and section 37-92-102(3)."
<br />Among other things, this appears to authorize the CWCB to own or obtain a right to use property
<br />other than a water right itself if such ownership or right will enable the CWCB to carry out the
<br />purposes of section 37-92-102(3) One example of such property might be an easement for
<br />storage space in a reservoir to be used in conjunction with an acquired storage water right.
<br />
<br />Rule 6 of the CWCB's Rules Concerning the Colorado Instream Flow and Natural Lake
<br />Level Program (2 CCR 408-2) ("ISF Rules") sets forth procedures used by the CWCB in
<br />acquiring water, water rights or interests in water that provide for public input. ISF Rule 6 also
<br />identifies factors that the CWCB considers when evaluating the appropriateness of a proposed
<br />water rights acquisition to preserve or improve the natural environment to a reasonable degree.
<br />
<br />2. Evolution of CWCB's Statutory Authoritv to Acquire Water, Water Rights, or Interests in
<br />Water
<br />
<br />From the very beginning of the ISF Program, the CWCB had authority to acquire
<br />water for preservation of the natural environment to a reasonable degree, Senate Bill 97,
<br />adopted in 1973 to establish the ISF Program, authorized the CWCB,
<br />
<br />on behalf ofthe people ofthe State of Colorado, to appropriate in a manner
<br />consistent with sections 5 and 6 of article XVI of the state constitution, or aCQuire, such
<br />waters of natural streams and lakes as may be required to preserve the natural
<br />environment to a reasonable degree.
<br />
<br />Senate Bill 73-97, Section 2 (amending section 148-21-2, C.R.S, 1963 (1969 Supp.)) (emphasis
<br />added).
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<br />In 1986, Senate Bi119l expanded on the above language to clarify the CWCB's authority
<br />to acquire water, providing that:
<br />
<br />The board also may acquire, by grant, purchase, bequest, devise, lease, exchange, or
<br />contractual agreement, from or with any person, including any governmental entity, such
<br />water, water rights, or interests in water as the board determines may be required to
<br />preserve the natural environment to a reasonable degree, and the board may initiate
<br />applications which it determines are necessary or desirable for utilizing such water, water
<br />rights, or interests in water, including applications for changes of water rights or
<br />augmentation plans for this purpose,
<br />
<br />Senate Bill 86-91, Section 1 (amending section 37-92-102(3), C.R.S.).
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