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<br />. <br /> <br />. <br /> <br />. <br /> <br />- 5 - <br /> <br />Provides certainty to water rights owners who loan water to the CWCB for <br />instream flow use in the context of change of water right applications. <br /> <br />Section 37-83-105(2)~ C.R.S.~ is amended bv addin2 a subsection (c) to read: <br /> <br />37-83-105. Owner may loan a2ricultural water ri2ht -loans to Colorado water conservation <br />board for in stream flows. <br /> <br />(2) (a) A water right owner may loan water to the Colorado water conservation board for use as <br />instream flows pursuant to a decreed instream flow water right held by the board for a period not to <br />exceed one hundred twenty days, subject to.the following: <br /> <br />[(I) through (V) not included here) <br /> <br />(b) In determining whether injury will occur, the division engineer shall ensure that the following <br />conditions are met: <br /> <br />[(I) through (VIII) not included here) <br /> <br />(c) ALL PERIODS OF TIME DURING WHICH A LOANED WATER RIGHT IS USED BY <br />THE COLORADO WATER CONSERVATION BOARD FOR INSTREAM FLOW PURPOSES <br />SHALL BE EXCLUDED FROM ANY HISTORIC CONSUMPTIVE USE ANALYSIS OF THE <br />LOANED WATER RIGHT REQUIRED UNDER ANY WATER COURT PROCEEDING. <br /> <br />Discussion <br /> <br />The addition of the proposed subsection (c) to this statute will assure water rights owners who are <br />interested in loaning water to the cWCB for instream flow use that such a loan will not result in a <br />reduction of the historic consumptive use credited to the loaned water right in any future water court <br />proceeding to change that water right. The added language also provides clear guidance to the <br />water courts on how to treat periods of instream flow use of a water right loaned to the cWCB under <br />section 37-83-105(2). <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />