LEG00055

• Bill Number: HB86-1010
• Year: 1986
• Title: Concerning the Storage of Water and Relating to Facilities Constructed Therefor
• Legislation - Doc Type: Other CWCB Related Bills - Passed

Ch. 231

Water and Irrigation

1087

CHAPTER 231

WATER AND IRRIGATION

RESERVOIRS

HOUSE BILL NO. 1010. BY REPRESENTATIVES Carpenter, Shoemaker. Wright, Herzog, Dambman. Younglund. Swenson,
Trujillo, Bond. Entz, McInnis, Armstrong, M.L. Bird, Fish, Croff, p, Hernandez, Pankey, Philips, and Reeser;
also SENATORS Bish~p, McCormick, Allard. and P. powers,

AN ACT

CONCERNING THE STORAGE OF WATER, AND RELATING TO FACILITIES CON-
STRUCTED THEREFOR.

Be it enacted by the General Assembly of the State of Colorado:

Section 1. 37-87-101 (1), Colorado Revised Statutes, as amended, is
REPEALED AND REENACTED, WITH AMENDMENTS, to read:

37-87-101. Storage of water. (1) The right to store water of a natural
stream for later application to beneficial use is recognized as a right of appro-
priation in order of priority under the Colorado constitution. No water storage
facility may be operated in such a manner as to cause material injury to the
senior appropriative rights of others. Acquisition of those interests in . real
property reasonably necessary for the construction, maintenance, or oper-
ation of any water storage reservoir, together with inlet, outlet, spillway
structures, or other facilities necessary to make such reservoir effective to
accomplish the beneficial use or uses of water stored or to be stort(d therein,
may be secured under the laws of eminent domain.

Section 2. Effective date. This act shall take effect July 1, 1986.

Section. 3. Safety clause. The general assembly hereby finds, deter-
mines, and declares that this ad is necessary for the immediate preservation
of the public peace, health, and safety.

Approved: April 11 , 1986

Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.