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COLORADO RIVER WATER <br /> CONSERVATION DISTRICT <br /> Protecting Western Colorado Water Since 1937 <br /> Senate Bill 01 -216 <br /> CONCERNING THE ESTABLISHMENT OF A PROCEDURE FOR THE <br /> ADJUDICATION OF IN- CHANNEL DIVERSION BY A LOCAL <br /> GOVERNMENT <br /> Senator Entz and the Department of Natural Resources have agreed to amend Senate Bill <br /> 216 in a manner that addresses all of the Colorado River District's substantive concerns. <br /> Accordingly, the River District now urges your support of the amended bill. <br /> Supporters of the bill agreed to maintain the integrity of the water court process by removing <br /> the printed bill's requirement that water rights applications for in- channel diversions be <br /> decided by the Water Conservation Board. As amended, the bill gives the Water <br /> Conservation Board's review of such applications the same weight as is presently accorded <br /> the State Engineer in all other water rights applications. This is entirely appropriate. <br /> The amended bill also clarifies that the only land use consideration that is appropriate for <br /> review is whether there is legal access to the stream reach proposed for recreational pursuits. <br /> This is narrower than the unconstrained language on the printed bill which would have <br /> allowed the CWCB to be making broad land use determinations. The amended language <br /> does allow for court - imposed limitations if trespass on private lands would be the logical <br /> result of a recreational water right filing. <br /> Supporters and opponents of the printed bill agreed on the potential problems associated <br /> with these unique water rights. The division occurred over what the solutions should be. <br /> Proponents wanted to confer quasi- judicial authority on an executive branch advisory board <br /> (CWCB). Opponents, including the River District, disagreed with the proposed <br /> abandonment of the water courts as the final arbiter of all water rights filings, whether for <br /> instream recreation or other types of water rights. <br /> Senate Bill 216, as amended, establishes a water court -based process to responsibly address <br /> the unique conditions associated with in- channel diversions for recreation, which includes <br /> a critical role for the CWCB. As such, the Colorado River District respectfully request your <br /> support for the amended version of SB 216. <br /> SUITE #200 • 201 CENTENNIAL STREET <br /> P.O. BOX 1120 /GLENWOOD SPRINGS, COLORADO 81602 <br /> (970) 945 -8522 • FAX (970) 945 -8799 • www.crwcd.gov <br />