(1) Nothing in this article shall be construed as:
Diminishing the rights of owners of property as provided in the constitution andstatutes of this state or in the constitution of the United States;
Modifying or amending existing laws, court decrees, or court decisions or affectingfuture court proceedings or decrees in any manner with respect to the determination, administration, or change of water rights;
Granting the commission any vested water rights or right to apply for or obtain anydecree for a water right for recreational purposes;
Prohibiting or in any way regulating the construction, modification, rehabilitation, oroperation of reservoirs, diversion structures, or other facilities necessary for the storage, diversion, or conveyance of water in the drainage of the Arkansas river and its tributaries as otherwise permitted by law;
Superseding, abrogating, or impairing rights to divert water and apply water to beneficial uses in accordance with sections 5 and 6 of article XVI of the Colorado constitution, the provisions of articles 80 to 93 of title 37, C.R.S., or Colorado court decisions with respect to the determination and administration of water rights. Nothing in this article shall be construed, enforced, or applied so as to cause or result in material injury to water rights. The question of whether such material injury to water rights exists and the remedy thereof shall be determined by the water court.
Allowing the commission or the division to require minimum stream flows or minimum water levels in any lakes or impoundments.
Source: L. 88: Entire article added, p. 1164, § 1, effective January 1, 1989. L. 2012:
(1)(c) and (1)(f) amended, (HB 12-1317), ch. 248, p. 1225, § 55, effective June 4.