BOARD01703

• Board Meeting Date: 5/5/1981
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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authority, on behalf of the people of the state of Colorado, to

appropriate in a manner consistent with sections 5 and 6 of

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article XVI of.the state constitution, or acquire, such waters of
natural streams and lakes as may be required to preserve the
. natural environ~~nt to' a reasonable degree. Prior to the
initiation of any such appropriation, the board shall request
recommendations from the division of wildlife and the division of
'parks and outdoor recreation. Nothing in this article shall be'
construed as authorizing any state agency to acquire water by
eminent domain, or to deprive the people of the state of Colorado
of the beneficial use of those waters available by law and
interstate compact. ANY APPROPRIATION MADE PURSUANT TO THIS
SUBSECTION (3) SHALL BE SUBJECT TO THE FOLLOWING PRINCIPLES AND
LIMITATIONS:
(a) ANY SUCH APPROPRIATION WHICH IS BASED UPON WATER
IMPORTED FROM ONE WATER DIVISION TO ANOTHER BY SOME OTHER
APPROPRIATOR SHALL NOT, AS AGAINST THE APPROPRIATOR OF SUCH
IMPORTED WATER OR HIS SUCCESSOR IN INTEREST, CONSTITUTE A CLAIM,
BAR, OR USE FOR ANY PURPOSE WHATSOEVER.
(b) '/ ANY SUCH APPROPRIATION SHALL BE SUBJECT TO THE USES ~
OR EXCHANGES OF WATER BEING MADE BY OTHER WATER USERS PURSUANT TO
PRACTICES IN EXISTENCE ON THE DATE OF SUCH APPROPRIATION, WHETHER
OR NOT PREVIOUSLY CONFIRMED BY COURT ORDER OR DECREE, AND, IF NOT
PREVIOUSLY CONFIRMED, AS MAY BE CONFIRMED BY THE COURT IN THE
DECREE GRANTING SUCH MINIMUM STREAM FLOW OR LAKE LEVEL
APPROPRIATION.

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