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<br />, <br />'."" ',';' <br />" Page:i <br /> <br />Washington Counties financed the purchase of wells and water tights to expand the District's water supply <br />system.) <br /> <br />Chatfield, South Water District - Water Rights Purchase (RB, 98-) 189). (This loan to a water district located in <br />Douglas County financed the purchase of water rights. The District entered into a contract with the Denver <br />Water Board to treat and delivcrthe water 10 the District.) <br /> <br />Northern Colorado Water Association --- Purchase of Wells and Water Rights (H.B. 98-1189). (This loan to a non- <br />profit corporation located in Larimer Caunty will flllllI1ce the purchllse of five wells and associated water rights <br />that the Association currently leases on an annual basis. Purchasing the wells and water rights will assure an <br />adequate long-term water supply for the A9sociation's existing service area.) <br /> <br />- Tn,recommending the above-described 10llns to tlte Generll.! Assembly, the CWCB,exercised its discretion to <br />determine whether a proposed project will conserve, effect more efficient use of, develop, or protect Colorado's <br />water resources. <br /> <br />Courts generally deferto the intelpretation oh statute by the administi-ative agency or bOllrd charged with <br />administering that statute. Tivolino Teller House \I. Fagan. Inc., 926 P.2d 1208, 1215 (Colo. 1996). If the board's <br />interpretlltion of a statutory requirement is consistent with the rest of the statute lIod with the statute's object and <br />purpose, a COUlt will not interfere with the rest of the statute and with the statute's object and purpose, a court will <br />not interfere with the board's construction of the statute without a finding of a clear abuse of discretion by the board. <br />Giane!!o Oil Co. \I: Indus. Claim Appeals Office, 931 P.2d 570, 571-72 (Colo. App. 1996); Zagarv. Colo. Dept. of <br />Revenue, 718 P.2d 546, 548 (Colo. App. 1986). The CWCB's appro'\lal and recommendation of the subject loans to <br />the General Assembly is consistent witb the eWeB's purpose and duties and constitutes a reasonable lIgency <br />intelpretatjon ofits stlltute. The General Assembly's appro'\lal ofthe'se loans forthe purchase of waterrights <br />confirms that such loans are withinthc'purview of the statute. <br /> <br />In sum, the CWCB has acted Iswfully in making ConstrUction Fund loans for the purchase ()fwater rights. <br />Please let me know if 1 can be offunher aSsistance in this matter. <br />. . <br /> <br />KLS/vcw <br />cc: Peter H. Evans <br />, Troy Eid <br /> <br />Sincerely, <br /> <br />~)Jl~ _ <br /> <br />KEN SALAZAR <br />Attorney General <br />(303) 866-35$7 <br />(303) 866-4745 (FAX) <br />