BOARD00147 - Laserfiche WebLink

Home Browse Search

, " . . . Page 4 Prior to the introduction of Senate Bill 91 by Senator Martha Ezzard, the CWCB already had exercised its authority to acquire water rights and obtain water court decrees changing the acquired water rights to lSF use. The legislature characterized the amendments to section 37-92- 102(3) primarily as a clarification of the CWCB's existing authority. In her Rationale Statement for S.B. 86-91, Sen. Ezzard stated: A program which combines instream flow appropriations with acquisition of more senior rights or dedication of unused water and storage in federal reservoirs has great promise for helping to resolve the endangered species and wilderness controversies which threaten to preempt our Colorado water rights system. This bill recognizes, solidifies, and amplifies on the Water Conservation Board's authority by conferring on the Board explicit authority to obtain water rights by purchase, donation, bequest, or any other arrangement, and then to change such rights from their prior uses to instream flow uses. The Bill would also confer on the Board explicit authority to enter into agreements with any person, including any governmental entity, to operate such facilities as may assist in utilizing water for preserving the environment. On February 13, 1986 before the House Committee on Agriculture, Natural Resources and Energy, Rep. Daniel Williams stated that "under present law [the premise that] we're to acquire water rights for instream flow appropriations as is authorized to the State Water Conservation Board is vague, and one of the purposes of the bill is to make it very clear how they can acquire those water rights," While the General Assembly has made other changes to section 37-92-102(3) related to the CWCB's acquisition of water, water rights or interests in water, the most significant change to date broadened the CWCB's authority in 2002 as follows: The board also may acquire, by grant, purchase, donation, bequest, devise, lease, exchange, or contractual agreement, from or with any person, including any governmental entity, such water, water rights, or interests in water in such amount as the board determines is appropriate for stream flows or for natural surface water levels or volumes for natural lakes to preserve or improve the natural environment to a reasonable degree, Senate Bill 02-156, Section 1 (amending section 37-92-102(3), C.R.S.) (emphasis added). By authorizing the CWCB to use acquired water to improve the natural environment to a reasonable degree, the General Assembly significantly expanded the CWCB's authority regarding its use of acquired water, which formerly had been limited to preservation of the natural environment.