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BOARD02223
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BOARD02223
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Last modified
8/16/2009 3:13:35 PM
Creation date
10/4/2006 7:12:40 AM
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Board Meetings
Board Meeting Date
7/23/2001
Description
Draft RICD Rules
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. (d) NOTHING IN SUBSECTION (5) OF THIS SECTION OR THIS <br />SUBSECTION (6) SHALL APPLY IN ANY WAY TO ANY APPLICATION FOR A <br />WATER RIGHT OR CONDITIONAL WATER RIGHT FOR RECREATIONAL <br />. IN-CHANNEL DIVERSION PURPOSES THAT WAS FILED PRIOR TO JANUARY 1, <br />2001. <br /> <br />(e) NOTHING IN SUBSECTION (5) OF THIS SECTION OR THIS <br />SUBSECTION (6) SHALL APPLY IN ANY WAY TO ANY WATER RIGHT OR <br />CONDITIONAL WATER RIGHT FOR RECREATIONAL IN-CHANNEL DIVERSION <br />PURPOSES FOR WHICH A DECREE WAS ENTERED PRIOR TO THE EFFECTIVE <br />DATE OF THIS SUBSECTION (6), INCLUDING ANY PROCEEDING CONCERNING <br />DILIGENCE ON SUCH CONDITIONAL WATER RIGHT OR ANY PROCEEDING TO <br />MAKE SUCH CONDITIONAL WATER RIGHT ABSOLUTE. <br /> <br />SECTION 2. 37-92- I 03 (4) and (7), Colorado Revised Statutes, are <br />amended, and the said 37-92-103 is further amended BY THE ADDITION <br />OF A NEW SUBSECTION, to read: <br /> <br />37-92-103. Definitions. As used in this article, unless the context <br />otherwise requires: <br /> <br />. <br /> <br />(4) "Beneficial use" is the use of that amount of water that is <br />reasonable and appropriate under reasonably efficient practices to <br />accomplish without waste the purpose for which the appropriation is <br />lawfully made and, without limiting the generality of the foregoing, <br />includes the impoundment of water for recreational purposes, including <br />fishery or wildlife, AND ALSO INCLUDES THE DIVERSION OF WATER BY A <br />COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND <br />SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />CONSERVANCY DISTRICT FOR RECREATIONAL IN-CHANNEL DIVERSION <br />PURPOSES. For the benefit and enjoyment of present and future generations, <br />"beneficial use" shall also include the appropriation by the state of <br />Colorado in the manner prescribed by law of such minimum flows between <br />specific points or levels for and on natural streams and lakes as are required <br />to preserve the natural enviromnent to a reasonable degree. <br /> <br />(7) "Diversion" or "divert" means removing water from its natural <br />course or location, or controlling water in its natural course or location, by <br />means of a ditch, cailal, flume, reservoir, bypass, pipeline, conduit, well, <br />pump, or other structure or device; EXCEPT THAT ONLY A COUNTY, <br />MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND <br /> <br />. <br /> <br />PAGE 3-SENATE BILL 01-216 <br />
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