BOARD01103

• Board Meeting Date: 3/21/2002
• Description: Amendment to SB02-156: Concerning the Authorization of Changes of Absolute Water Rights for Purposes of Instream Use
• Board Meetings - Doc Type: Memo

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days unless further time is granted by the requesting person or entity,
what terms and conditions it will accept in a contract or agreement for #te
SUCH acquisition. 6)' it :!fem saeh lleisen BY ge-,'emJ.'!lGfltl%!Gflt:ity ef-,vater,
~;l'frter :fights, 81 ir.Lterests in vrater te be hcltl by tits Beare! for m:i:frimWll
et:reElIfl flOVf3 to }3re36fVe 'ilia flat't:lraJ elri.irsl1flieflt te '8. reaaem..aele dl9g:f6e.
Any contract or agreement executed between the board and any person '
or' governro.ental entity wllj;efi THAT provides water, water rights, or
interests in water to the board shall be enforceable by either party thereto
as a water matter under this. article, according to the terms ofthe'contract
or agreement. THE BOARD MAY NQT ACCEPT A DONATION OF WATER
lUOHTS THAT EITHER WOULD REQUIRE THE REMOVAL OF EXISTING
INFRASTRUCtuRE WITHOUT APPROVAL OF THE CURRENT OwNER OF SUCH
INFRASTRUCTURE OR tHAT WERE ACQUIRED BYCONDEMNAT10N. THE
BOARD MAYVSE ANY FUNDS AVAILABLE TO IT, OTlfER THAN THE
,CONSTRUCTION FUND CREATED IN SECTION 37-60-121, FOR ACQUISITION
OF WATERRIGHTS AND THEIR CONVERSION TO INStREAM FLOW RIGHTS
The board may initiate such applications as it detennines are neceSsary
or desirable for utilizing water; water rightS,...or interests in water .
appropriated, acquired, or heid by the board, including applicatioris for
changes of water rights, exchanges, or augmentation plans, Prior to the
initiation of any such appropriation or acquisition, the board shall request
recommendations from the division of wildlife and the division of parks
and outdoor recreation; The board also shall request recommendations
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from the United States Department of Agriculture and the United States
Department of the Interior, Nothing in t1Jjs article shall be construed as
authorizing any state agency to acquire water by ei:ninent domain or to
deprive the people of the state, of Colorado of the beneficial uSe of those
, w'aters available by law and interstate compact: Any appropriation made
pursuant to this subsection (3) shall be subject to the following principles
and limitations: '

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SECTI,ON 2. Effective date. This act shall take effect at 12:01

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1 a.in: on the day following the expiration of the ninety-day period after
,'2 final adjournment of the general assembly that is allowed for submitting
3 a referenduin petition pursuarit to article V, section 1 (3) of the state
4 constitution; except that, if a referenduin petition is filed against this act
5 ' or an item, section, or part of this act within such period, then the act,
6 item, section, or pait,if approved bytl).e people, shall take effect on the
7 date of the .official declar~tion of the vote there()n by procla)Ilmon of the
8 governor,". '

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ITALIC CAPITAL LETT~RS INDICATE NEW MATERIAL TO BEADDED TOEXISTlNG
, STATUTE.
Dashes tl3:r6ugh the ~Tverti3 infrieatc cleletiefis fr6~1 ~~i3tffi.g at&tltto.