BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

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diversion at any tim.o DECREED PRIOR TO THE RECORDATION OF ANY

2 CONSER V A TION EASEMENT IN GROSS RESTRICTING A TRANSFER OR CHANGE

3 shall be impaired, invalidated, or in anYlway adversely affected by reason

4 of any provision of this article. No provision of this article shall be

5 construed to mean that conservation ea~ements in gross were not lawful

6 estates in land prior to July I, 1976. Nothing in this article shall be

7 construed so as to impair the rights of a public utility, as that term is

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8 defined by section 40-1-103, C.R.S.,' with respect to rights-of-way,

9 easements, or other property rights llpon which facilities, plants, or

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systems of a public utility are located or are to be located.

ANY

II CONSERVATION EASEMENT IN GROSS . CONCERNING WATER OR WATER
12 RIGHTSSHAI-LBESUBJECTTO THE "W A'TER RIGHT DETERMINATION AND
13 ADMINISTRATION ACT OF 1969", AS AMENDED, ARTICLE 92 OF TITLE 37,

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CR:S., AND ANY DECREE ADJUDICATING THE WATJ;;RORWA:rJ;;RRIGHTS.
SECTION 6. 38-30.5-111, Colorado Revised Statutes, is

16 amended to read:

17 38-30.5-111. Validation. (1); Any conservation easement in
18 gross created on or afterJuly I, 1976, b\JtbeforeJuly 1,1985, that would
19 have been valid under this article exc~pt for section 38-30.5-104 (3) is
20 valid and shall be a binding, legal, and. enforceable obligation.
21 (2) ANY CONSERVATION EASEMENT IN GROSS AFFECTING
22 WATER RIGHTS CREATED PRIOR TO ITHE EFFECTIVE DATE OF THIS
23 SUBSECTION (2) SHALL BE A BIND~G, LEGAL, AND ENFORCEABLE
24 OBLIGATION IF IT COMPLIES WITH THE R;EQUlREMENTS OF THIS ARTICLE.
25 SECTION 7. Effective date. This act shall take effect at 12:01

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a.m. on the day following the expiratifm of the ninety-day period after
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final adjournment ofthe general assembly that is allowed for submitting

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1008

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