PUB00154

• Year: 1992
• Title: Agenda Item 6 January 22-23 1992 Board Meeting
• CWCB Section: Administration
• Description: Agenda Item 6 January 22-23 1992 Board Meeting
• Publications - Doc Type: Tech Report

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1

37-82-107. Conserved aqricultural water. The owner of

2 an absolute agricultural water right who employs methods to
3 use water from that water right more efficiently than it was
4 utilized prior to the effective date of this section shall be

5 entitled to utilize, sell, lease, exchange, or make available

6 for augmentation or substitute supply, for any beneficial use,
7 that amount of conserved water which is the quantitative

8 difference between the historic consumptive use of the right

9 and his lesser consumptive use, so long as a change of water

10 right decree is obtained pursuant to law before any change in

11 use of the conserved water is made. The change of water right

12 decree shall insure that such change will not injuriously

13 affect the owner of, or persons entitled to use, water under a

14

vested water right or a decreed conditional water right.

In

15 calculating the measure of conserved water for purposes of the

16 change of water right decree, no amount of water shall be

17 included which historically constituted waste, after taking

18 into account and giving effect to the then prevailing and

19 accepted methods and norms for the agricultural water use.

20 This section shall not be construed to allow the use, sale,

21 lease, exchange, or use for augmentation or substitute supply

22 of any water of a ditch or reservoir company in derogation of

23

the articles of incorporation,

byl aws,

or contractual

24 arrangements of the ditch or reservoir company.

25

SECTION 2. Safety clause. The general assembly hereby

26 finds, determines, and declares that this act is necessary

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