BOARD00485

• Board Meeting Date: 5/21/2001
• Description: Legislative Wrap-Up
• Board Meetings - Doc Type: Memo

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(3) Whether there is access for recreational use.

(4) . Whether the applicatiou would cause material injury to other instream water rights,
(Would the structures harm the natural enviromnent that is protected under an existing CWCB
instream water right?)

(5) Whether the application would promote maximum utilization. (Is the flow amount too
large, Would the flow amount prevent future water use, exchange and development?)

(6) Whether there are other factors the CWCB should evaluate regarding these types of
applications.

(6) (c) The CWCB must report its findings to the water court within 90-days and may defend its
recommendations in court.

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(6) (d) Grandfathers existing conditional and absolute recreational water rights filed before Jan. I,
2001.

(6) (e) Grandfathers in conditionally decreed water rights (such as the Fort Collins water rights)

SECI'ION 2 (DEFINITIONS)

(4) Conforms the definition of beneficial use to provide that only local governments may apply
for this type of right.

(7) Conforms the definition of "diversion" to provide that only local governments may apply for
this type of right and makes the bill applicable to water rights filed on after Jan. 1,2001.

(10.3) Adds a definition for "recreational in-channel diversion."

SECTION 3 (STANDARDS WITH RESPECT TO RULINGS OF THE REFEREE AND
DECISIONS OF THE WATER JUDGE)

.(13) The water court shall presume the recommendations made by the Board are accurate,
however, another party may rebut the Board's facts and recommendations.

(14) Prohibits the use of conditional water rights.

(15) Provides recreational in-channel diversions, when held by a municipality, shall not constitute
a domestic right and therefore, are not able to condemn other water rights.

(16) Local governmental entities that filed for in-channel diversions after Jan. 1,2001 retain their
original priority date, but must submit a copy of their application to the Board for review and
recommendations.

SECTION 4 (SAFETY CLAUSE)

Supporters of SB 01-216

· Colorado Water Congress,
. Clear Creek County,
· Colorado River Water Conservation District,
. Denver Water Board,
· Northern Colorado Water Conservancy District,
e. Colorado Water Partnership,
· Creekside Associates,

· Rio Grande Waler Conservation District,
· Colorado Ski Country USA,
· Colorado Farm Bureau,
· Northern Colorado Water Conservancy District,
· Northwest COG, and,
· Cities of Colorado Springs, Thorton and Aurora.