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<br /> <br />1 <br /> <br />\'f COLORADO WATER CONSERVATION BOARD <br />I: Department of Natul'al Resources <br />Bill Owens, Governor <br />.Greg Walcher, DNR Executive Director <br />Rod Kuharich, CWCB Director May 2001 <br /> <br />SB 01-216, CONCERNING IN-CHANNEL <br />RECREATIONAL DIVERSIONS <br /> <br />Background <br /> <br />In 1992 the Colorado Supreme Court held that entities <br />may obtain a water right for a flow within a stream <br />channel if the entity controls the water to serve the <br />intended purpose. The decision allowed Fort Collins to <br />obtain a water right for 30 cfs in the sununer and 5-cfs in <br />the winter for a boat chute located on the Cache La <br />Poudre River. <br /> <br />In 1999 another decree was awarded to Littleton for 100 <br />cfs for its kayaking course on the South Platte River. <br /> <br />eIn 1998, the City of Golden applied for an appropriation <br />of up to 1000 cfs in Clear Creek - essentially all the <br />available flow. <br /> <br />Because "control" is not statutorily defined and the Fort <br />Collins decision is very broad, entities may now obtain a <br />water right without having done much to the stream. <br /> <br />In December 2000, applications were filed by <br />Breckenridge and the Eagle County Water and Sanitation <br />District (Vail). and by the Browns (citizens in water <br />division 4) claiming all the available flow of a river. <br /> <br />e <br /> <br />Boat chutes exist or are being designed in: <br />Aspen Boulder Denver <br />Durango Fort Collins Golden <br />Grand Junction GWUlison <br />Littleton (South Suburban) Littleton (Union Avenue) <br />Ouray Pueblo Salida <br />Steamboat Springs Vail <br /> <br /> <br />Bill Summary <br /> <br />The CWCB recognizes the benefits <br />of having recreational facilities and <br />must playa role in reviewing water <br />rights applications after being <br />submitted to water court to ensure <br />the "greatest utilization of the waters <br />ofthe state," <br /> <br />SB 01-216: <br /> <br />· Allows local governments to <br />obtain recreational water rights. <br /> <br />· Defines "beneficial use" to <br />include in-channel diversions. <br /> <br />· Requires the CWCB to make <br />findings regarding the protection <br />of Colorado's interstate compact <br />entitlements; the appropriateness <br />of the stream reach for the <br />intended use; reasonable & <br />appropriate water use and submit <br />its findings to water court. <br />