BOARD01703

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

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(c) BEFORE INITIATING A WATER RIGHTS FILING, THE BOARD
SHALL DETERMINE THAT THE NATURAL ENVIRONMENT CAN BE PRESERVED TO
A REASONABLE DEGREE BY THE WATER AVAILABLE FOR THE APPROPRIATION
TO BE MADE1 THAT THERE IS A VALUABLE NATURAL ENVIRONMENT WHICH
CAN BE PROTECTED TO A REASONABLE DEGREE BY THE BOARD'S WATER
RIGHT; IF GRANTED, AND THAT SUCH ENVIRONMENT CAN EXIST AFTER
THE EXERCISE OF SENIOR RIGHTS. ~
(d) IN MAINTAINING A STATEMENT OF OPPOSITION OR PROTEST,
THE WATER CONSERVATION BOARD SHALL GO FORWARD WITH A SHOWING THAT

THERE IS A LIKELIHOOD THAT THE OPPOSED OR PROTESTED APPLICATION
WOULD. IF GRANTED, CAUSE ~~TERIAL INJURY TO THE WATER RIGHT OR
WATER RIGHTS OF THE BOARD WHEN, IN THE OPINION OF THE BOARD BY
VOTE AT A MEETING OF THE BOARD PRIOR TO TRIAL, THE BENEFITS OF
PRESERVING THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE
OUTWEIGH THE BENEFITS OF ACCEDING TO THE APPLICATION~ IN WHOLE OR IN PART. ~
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(el NOTHING IN THIS SECTION IS INTENDED OR SHALL BE I
CONSTRUED TO ALLOW CONDEMNATIOtI BY THIS STATE OR ANY PERSON OF I
EASEMENTS OR RIGHTS OF WAY ACROSS PRIVATE LANDS TO GAIN ACCESS TO ~
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A SEGMENT OF A STR8U1 OR LAKE WHERE A WATER RIGHT DEr.REE HAS BEEN r
AWARDED TO THE WATER CONSERVATION BOARD. ---1--

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21 SECTION 2. Safety clause. The general assembly hereby

22 finds, determines, and declares that this act is necessary for

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the immediate preservation of the public peace, health, and
safety.

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