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<br />Instream Flow/Natural Lake Level Statutes
<br />(August 2002)
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<br />37-92-102(3) Further recognizing the need to correlate the activities of mankind with some
<br />reasonable preservation of the natural environment, the Colorado Water Conservation Board is
<br />hereby vested with the exclusive authority, on behalf of the people of the state of Colorado, to
<br />appropriate in a manner consistent with sections 5 and 6 of article XVI of the state constitution,
<br />such waters of natural streams and lakes as the Board determines may be required for
<br />minimum stream flows or for natural surface water levels or volumes for natural lakes to
<br />preserve the natural 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 shall be granted a
<br />decree adjudicating a right to water or interests in water for instream flows in a stream channel
<br />between specific points, or for natural surface water levels or volumes for natural lakes, for any
<br />purpose whatsoever. The Board also may acquire, by grant, purchase, donation, bequest,
<br />devise, lease, exchange, or other contractual agreement, from or with any person, including any
<br />governmental entity, such water, water rights, or interests in water in such amount as the Board
<br />determines is appropriate for stream flows or for natural surface water levels or volumes for
<br />natural lakes to preserve or improve the natural environment to a reasonable degree, At the
<br />request of any person, including any governmental entity, the Board shall determine in a timely
<br />manner, not to exceed one hundred twenty days unless further time is granted by the requesting
<br />person or entity, what terms and conditions it will accept in a contract or agreement for such
<br />acquisition, Any contract or agreement executed between the Board and any person or
<br />governmental entity that provides water, water rights, or interests in water to the Board shall be
<br />enforceable by either party thereto as a water matter under this articie, according to the terms of
<br />the contract or agreement. The Board may not accept a donation of water rights that either
<br />would require the removal of existing infrastructure without approval of the current owner of
<br />such infrastructure or that were acquired by condemnation, The Board may use any funds
<br />available to it, other than the construction fund created in section 37-60-121, for acquisition of
<br />water rights and their conversion to instream flow rights, The Board may initiate such
<br />applications as it determines are necessary or desirable for utilizing water, water rights, or
<br />interests in water appropriated, acquired, or held by the Board, inclUding applications for
<br />changes of water rights, exchanges, or augmentation plans, Prior to the initiation of any such
<br />appropriation or acquisition, the Board shail request recommendations from the Division of
<br />Wildlife and the Division of Parks and Outdoor Recreation, The Board also shall request
<br />recommendations from the United States Department of Agriculture and the United States
<br />Department of the Interior, Nothing in this article shall be construed as authorizing any state
<br />agency to acquire water by eminent domain or to deprive the people of the state of Colorado of
<br />the beneficial use of those waters available by law and interstate compact. Nothing in this
<br />subsection (3) shall impact section 27-60-121 (2,5), Any appropriation made pursuant to this
<br />subsection (3) shall be subject to the following principles and limitations:
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<br />(a) Any such appropriation which is based upon water imported from one water division
<br />to another by some other appropriator shall not, as against the appropriator of such
<br />imported water or his successor in interest, constitute a claim, bar, or use for any
<br />purpose whatsoever,
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<br />(b) Any such appropriation shall be subject to the present uses or exchanges of water
<br />being made by other water users pursuant to appropriation or practices in existence
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