BOARD00194

• Board Meeting Date: 11/25/2002
• Description: Colorado Foundation for Water Education
• Board Meetings - Doc Type: Memo

Colorado Water Conservation Board
Page 2

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entity, such water, water rights, ~r inter-
ests in water as the board determines may
be required for minimum stream flows .'. .
to preserve the natural environment to a
reasonable degree. At the request of any
person, including any governmental entity,
the board shall determine in a, timely man~
ner . . . what terms and,conditions it will
acce~t in a contract or agreement for the
, acqul.sition by it from such person or gov-
ernmental entity of water, water rights, or
interests in water' to be held by the board
for minimum stream flows to preserve the
natural environment to a reasonable degree.

(Emphasis added.)

Since the contemplated contract does not involve the acquisition
of water, water rights, or ~nterests in water from the federal
government, the issue is whether the Board may enter into such a
contract only in the circumstances described in section 102(3),
or whet'ner the Board has authority independent of the language
quoted above to contract .with the Secretary of Agriculture in the,
factual context of S. 1029. For the reasons set forth below, I
conclude that the Board does ,have the authority to enter into
such an agreement. My opinion is based on a review of the
Board's authorizing legislation and the legislative history and
intent of the statutory language relating to the acquisition of
water rights by the Board.

THE BOARD'S AUTHORIZING LEGISLATION

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Administrative agencieS are statutory creations and, ,therefore,
cannot exceed the authority conferred on them by statute.
Flavell v. DepOt of Welfare, 144 Colo. 203, 355 P,~2d 941' (19,60)1
Colorado Div. of Employment v. Indus. Comm'n, 665 P.2d 631 (Colo.
App. 1983). Powers not expressly granted to an administrative
agency'will be implied only if necessary to achieve the objec~
tives of the statute. State Farm Mut. Auto. Ins. Co. v. Barnes,
41 Colo. App. 380, 585 P. 2d 929 (1978). The Colorado Water Con-
s'ervation Board was created expressly" [f lor: the purpose of aid- ,