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<br />surface water levels or volumes for natural lakes to preserve the natural <br />environment to a reasonable degree, In the adjudication of water rights <br />pursuant to this article and other applicable law, no other person or entity <br />shall be granted a decree adjudicating a right to water or interests in water <br />for instream flows in a stream channel between specific points, or for <br />natural surface water levels or volumes fot! natural lakes, for any purpose <br />whatsoever, The board also may acquire, by grant, purchase, DONATION, <br />bequest, devise, lease, exchange, or other contractual agreement, from or <br />with any person, including any governmental entity, such water, water <br />rights, or interests in water IN SUCH AMouNT as the board determines may <br />be. re.q",ited IS APPROPRIATE for nlinhmnn stream flows or for natural <br />surface water levels or volumes for natura,llakes to preserve OR IMPROVE <br />the natural enviromnent to a reasonable degree, At the request of any <br />person, including any governmental entity, the board shall determine in a <br />timely manner, not to exceed one hundred twenty days unless further time <br />is granted by the requesting person or entity, what terms and conditions it <br />will accept in a contract or agreement for 1:he SUCH acquisition. by it from <br />6"",11 peison or g,09etllwentld I:>ntlly of wolkr, w,\;ter lights, 01 interests in <br />W.l:t-cr to be. held by tl;e board fur mnUtlluiil ~tIOhm flowS to p1...de.rve the <br />natural CnvtlOhli!cnt tv a roasonable dogrpc, Ally contract or agreement <br />executed between the board and any person or governmental entity which <br />THAT provides water, water rights, orinterests in water to the board shall be <br />enforceable by either party thereto as a water matter under this article, <br />according to the terms of the contract or agreement. THE BOARD MAY NOT <br />ACCEP'l' A DONATION OF WATER RIGHTS THAT EITHER WOULD REQUIRE THE <br />REMOY AL OF EXISTING INFRASTRUCTURE WITHOUT APPROY AL OF THE <br />CURRENT OWNER OF SUCH INFRASTRUCTURE OR THAT WERE ACQUIRED BY <br />CONDEMNATION, THE BOARDMA YUSEANY FUNDS A V AILABLE TO IT, OTHER <br />THAN THE CONSTRUCTION FUND CREATED IN SECTION 37-60-121, FOR <br />ACQUISITION OF W ATERRIGHTS AND TIffiIRCONVERSION TO INSTREAMFLOW <br />RIGHTS, The board may initiate such applications as it determines are <br />necessary or desirable for utilizing water, water rights, or interests in water <br />appropriated, acquired, or held by the board, including applications for <br />changes of water rights, exchanges, or augmentation plans, Prior to the <br />initiation of any such appropriation or acquisition, the board shall request <br />recommendations from the division of wildlife and the division of parks and <br />outdoor recreation, The board also shall r~quest recommendations from the <br />United States Department of Agriculture and the United States Department <br />of the Interior. Nothing in this article shall be construed as authorizing any <br />state agency to acquire water by eminem domain or to deprive the people <br />of the state of Colorado of the beneficia\ use of those waters available by <br />I <br /> <br />. <br /> <br /> <br />. <br /> <br />. <br /> <br />PAGE 2-SENATE BILL 02-156 <br /> <br />. <br />