BOARD00110 ‎(2)‎

• Board Meeting Date: 1/23/2007
• Description: CF Section - Review of Water Related Legislation - OWC - Expanding the CWCB Water Efficiency Grant Program - ISF - Protection of Water Rights Loaned to CWCB for ISF Use
• Board Meetings - Doc Type: Memo

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from the definition of abandonment of a water right the nonuse of the
water as a result of the loan of water to the board for instream flows.

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1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 37-83-105 (2), Colorado Revised Statutes, IS
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:

4 37-83-105. Owner may loan agricultural water right -loans to
5 Colorado water conservation board for illlstream flows. (2) (c) ALL
6 PERIODS OF TIME DURING WHICH A LOANED WATER RIGHT IS USED BY THE
7 BOARD FOR INSTREAM FLOW PURPOSES SHALL BE EXCLUDED FROM ANY
8 HISTORIC CONSUMPTIVE USE ANALYSIS OF THE LOANED WATER RIGHT

9 REQUIRED UNDER ANY WATER COURT PROCEEDING.
10 SECTION 2. 37-92-103 (2) (b), Colorado Revised Statutes, is

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amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

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

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13 otherwise requires:
14 (2) "Abandonment of a water right" means the termination of a
15 water right in whole or in part as a result of the intent of the owner
16 thereof to discontinue permanently the use of all or part of the water
17 available thereunder. Any period of nonuse of any portion of a water
18 right shall be tolled, and no intent to discontinue permanent use shall be
19 found for purposes of determining an abandonment of a water right for
20 the duration that:
21 (b) The nonuse of a water right is a result of participation in:
22 (V) A LOAN OF WATER TO THE COLORADO WATER CONSERV A TION
23 BOARD FOR INSTREAM FLOW USE UNDER SECTION 37-83-105 (2).

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SECTION 3. Effective date - applicability. (I) This act shall
take effect at 12:01 a.m. on the day following the expiration of the

I.

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HB07-1012