BOARD00056 ‎(2)‎

• Board Meeting Date: 11/13/2006
• Description: CF Section, ISF Section, OWCDP Section, Flood Section - Proposed Statute Revisions
• Board Meetings - Doc Type: Memo

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Provides certainty to water rights owners who loan water to the CWCB for
instream flow use in the context of water rights abandonment proceedings. .

Section 37-92-103(2)(b). C.R.S.. is amended to read:

37-92-103. Definitions. As used in this article, unless the context otherwise requires:

(2) "Abandonment of a water right" means the termination of a water right in whole or in part as
a result of the intent of the owner thereof to discontinue permanently the use of all or part of the
water available thereunder.

Any period of nonuse of any portion of a water right shall be tolled, and no intent to discontinue
permanent use shall be found for purposes of determining an abandonment of a water right for the
duration that:

(a) The land on which the water right has been historically applied is enrolled under a federal
land conservation program; or

(b) The nonuse of a water right is a result of participation in:

[(I) through (IV) not included here)

(V) A LOAN OF WATER TO THE COLORADO WATER CONSERVATION BOARD FOR
INSTREAM FLOW USE UNDER SECTION 37-83-105(2), C.R.S.

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Discussion

The addition of the proposed subsection (V) to this statute will assure water rights owners who are
interested in loaning water to the CWCB for instream flow use that the owner's nonuse of a water
right during the period of such a loan to the CWCB shall not give rise to a presumption of
abandonment of that water right.

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Flood Protection. Water Project Planning and Financing. Stream and Lake Protection

Water Supply protection. Conservation Planning