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<br />r <br /> <br />BENJAMIN F, ST.o.PLETON <br />Chairman. Denver <br /> <br />FREDERICK V. KROEGER <br />Vice-Chairman, Durango <br /> <br />~ <br />. <br /> <br />FELIX l. SPARKS <br />Director <br /> <br />lAREN D. MQRRLLl <br />Deputy OJ rector <br /> <br />JOHN T. BENTON <br />Burns <br /> <br />JOHN H. BROWNELL <br />Hooper <br /> <br />JOHN R. FETCHER <br />Steamboat Spri ngs <br />C. M. FU""eAUX <br />Wal den <br /> <br />RICHARD 0.' LAMM <br />Governor <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br /> <br />ROSERT A. JACKSON <br />Pueblo <br /> <br />COLORADO WATER CONSERVATION BOARD <br /> <br />HERBERT H. VANOEMOER <br />Sterling <br /> <br />823 ST ATE CENTENNIAL 8UIL DING <br />1313 SHERMAN STREET <br />OENVER, COLORADO 80203 <br /> <br />TELEPHONE <br />i:J)31 892-3441 <br /> <br />DAVID lEINSOORF <br />C res ted Bu tte <br /> <br />April 28, 1977 <br /> <br /> <br />COMME~TS O~ SENATE BILL 453 <br /> <br />Until the enactment of Senate Bill 97 in 1973 (37-92-102(3)), <br />the laws of the state permitted the complete destruction of natural <br />streams and lakes for all practical purposes. At the time of the <br />enactment of Senate Bill 97, there was considerable sentiment among the <br />citizens of Colorado that flowing streams and natural lakes have a <br />great intrinsic value which should be preserved to some reasonable <br />extent. This sentiment resulted in the passage of Senate Bill 97. <br /> <br />Since the enactment of the 1973 legislation, the Department <br />of Natural Resources and the Office of the Attorney General have already <br />expended several hundred thousand dollars in carrying out the purposes <br />of the act. It is estimated that there are some 12,000 miles of <br />streams and over 500 natural lakes which require study and action under <br />the existing legislation. The job will take at least another four or <br />five years to complete. Each adjudication under the existing law <br />requires court action. To date, almost one thousand recommendations <br />have been prepared and several hundred court actions have been initiated <br />as a result. <br /> <br />~ The pending Senate Bill 453 provides that the Colorado Water <br />Conservation Board cannot protect the decrees which it has obtained <br />under the existing law, except to protest transbasin diversions which, <br />affect adjudicated minimum stream flows and lake levels. If the decrees <br />which have been obtained cannot be protected, then they have no value <br />whatsoever. The practical effect of Senate Bill 453 is to repeal the <br />existing minimum stream flow law, without actually appearing to do so. <br />If Senate Bill 453 is enacted, the Department of Natural Resources will <br />have no choice except to suspend further activities under the existing <br />law. <br /> <br /> <br />Under the present law, this board has no greater rights as a <br />water appropriator than any other appropriator. However, we fail to <br />see why this board, acting on behalf of the people of this state, should <br />have lesser rights than other appropriators. We would have no serious <br />objection to a law which treats all water users equally. However, the <br />purpose of Senate Bill 453 is to single out the rights held by the <br />people of this state as an inferior water right. <br /> <br />2357 <br />