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<br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br /> <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br /> <br />STATE OF COLOMDO <br />~ <br />- <br /> <br />Roy Romer <br />Covernor <br /> <br />J~mes S. Lochhe~d <br />Executive Director, DNR <br /> <br />D~ries C. Lile, P.E. <br />Director. CWCB <br /> <br />January 8, 1998 <br /> <br />Arkansas Groundwater Users Association <br />Attn: Jeanette Bryan <br />P.O. Box 7 <br />1 00 West 1 st Street <br />Manzanola, CO 81058 <br /> <br />Subject: Effect of member commitments required by Section 37-60-130, C.RS. <br /> <br />Dear Ms. Bryan: <br /> <br />This letter is to address concerns of the Arkansas Groundwater Users' Association's <br />(UAGUA") members regarding the effect of signing the Statement of Verification and <br />Membership Agreement ("Membership Agreement") that you sent us for review. <br /> <br />Apparently, some AGUA members believe that, by signing the Membership Agreement, <br />they would commit to remaining AGUA members for the term of the upcoming loan from <br />the Colorado Water Conservation Board (UCWCB"). However, the statute authorizing <br />the CWCB to loan funds from the Arkansas River Augmentation Loan Account <br />("Arkansas Account") does not require such a commitment from AGUA members. <br /> <br />Section 37-60-130, C.RS. (1997)(copy attached) sets forth criteria that the CWCB must <br />consider in approving or denying applications for loans from the Arkansas Account, <br />including the requirement that a loan applicant must obtain the following commitments <br />from its members: <br /> <br />· if a member fails to make payments in accordance with the loan agreement, that <br />member shall cease pumping water; <br /> <br />· each member shall comply with any rules or changes to rules as promulgated or <br />amended by the State Engineer that govern the measurement of groundwater <br />withdrawals and the use of such groundwater in the Arkansas River basin. <br /> <br />Section 37-60-130(3)(g) and (h), C.RS. (1997). Additionally, the same statute <br />authorizes the State Engineer to curtail the use of any well owned by an individual who <br />has accepted the benefit of the Arkansas Account if that well owner has failed to make <br />