8E

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Instream Flow Lessor Protection
• Board Meetings - Doc Type: Memo

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Agenda Item 8.e

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to section 37-92-103(2)(b):

Language added

in this article, unless the context otherwise requires

(1) "Abandonment of a conditional water right" means the termination of a
conditional water right as a result of the failure to develop with reasonable diligence the
proposed appropriation upon which such water right is to be based.

As used

Definitions.

37-92-103.

(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:

is enrolled under a

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

is a result of participation in:

(I) A water conservation program approved by a state agency, a water conservation
district, or a water conservancy district;

The nonuse of a water right BY ITS OWNER

(b)

written action or

formal

(II) A water conservation program established through
ordinance by a municipality or its municipal water supplier;

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to conserve

in order

law

as provided by

An approved land fallowing program

(III)
water;

instream flow use

as provided by law; ef

(V) A loan of water to the Colorado Water Conservation Board for
under section 37-83-105(2), C.R.S.; OR

(IV) A water banking program

(VI) ANY CONTRACT OR AGREEMENT WITH THE COLORADO WATER
CONSERVATION BOARD THAT ALLOWS THE BOARD TO USE ALL OR A
PART OF A WATER RIGHT TO PRESERVE OR IMPROVE THE NATURAL
ENVIRONMENT TO A REASONABLE DEGREE UNDER SECTION 37~92-102(3),
C.R.S.

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