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<br />~ <br />WATER LEGISLATIVE REPORT <br />, <br />Colorado Water Congress. 1390 Logan St., Rm. 312. Denver, Colorado 80203. Phone: (303) 837-0812 <br /> <br />a <br /> <br />l-' <br />(.v <br />o."J <br />t- <br /> <br />RECEIVED <br />JUL f 8 1996 <br /> <br />1 <br /> <br />Dick MacRavey, 'Editor Colorado Wat July 16, 1996 <br />Conservation 8o~d <br /> <br />The summaries of laws of interest to the water community and enacted into law <br />by the Sixtieth General Assembly at its Second Regular Session ending Maya, <br />1996, appear be'low. These summaries were prepared by the Office of Colorado <br />Legislative Legal Services. <br /> <br />S. B. 96-064 ;Water conservation board instream flow appropriations. <br />Authorizes the'Colorado water conservation board to take agency action as <br />provided by la~ to determine whether to appropriate minimum stream flow or <br />natural lake ;level appropriations based on reasonable environmental <br />considerations.: Ratifies existing contractual agreements and stipulations <br />related to such appropriations. <br /> <br />Specifies, a procedure the board must follow in order to consider <br />decreasing an ~xisting instream flow right, including a public notice anQ <br />comment process and public hearing. Requires the board's decision to be in <br />writing and filed with the water court. Allows any person who appeared at <br />the board hearing to file a petition for judicial review of the board's <br />decision with the water court. Provides that judicial review be conducted as <br />provided in th19 "State Administrative Procedure Act". If no petition is <br />filed, requires the court to enter an order modifying the board's instream <br />flow decree in;accordance with the board's determination. <br /> <br />Allows mi~imum stream flows for natural lake level appropriations by the <br />board as part' of the endangered species recovery program for the upper <br />Colorado river' basin within Colorado and establishes criteria for such <br />appropriations. <br /> <br />APPROVED by Go~ernor May 23, 1996 <br /> <br />EFFECTIVE May 23, 1996 <br /> <br />S.B. 96-074 Water well pumoina - auamentation reauirements. Specifies when <br />"not nontributctry ground water" shall not be considered "nontributary ground <br />water". Defines "not nontributary ground water". <br /> <br />Requires ~hat a judicial decree approving a well augmentation plan in <br />the Dawson aqu~fer provide for the replacement of stream depletion caused by <br />the withdrawal pf water from the well when the withdrawal occurs between July <br />1, 1998, and Jtily 1, 200l. <br /> <br />Requires chat a judicial decree approving a well augmentation plan with <br />a point of contact closer than one mile between any natural stream and any of <br />the Denver, ~apahoe, or Laramie-Fox Hills aquifers provide for the <br />replacement of actual out of priority water depletions caused by the <br />operation of the well when the depletions occur between July 1, 199a, and <br />July 1, 2001. . <br />