Agenda Item 8

• Board Meeting Date: 3/18/2008
• Description: CWCB Legislative Update - HB08-1346 - HB08-1280 - SB08-168
• Board Meetings - Doc Type: Memo

•'
1 purpose whatsoever. The board also may acquire, by grant, purchase,
2 donation, bequest, devise, lease, exchange, or other contractual
3 agreement, from or with any person, including any governmental entity,
4 such water, water rights, or interests in water in such amount as the board
5 determines is appropriate for stream flows or for natural surface water
6 levels or volumes for natural lakes to preserve or improve the natural
7 environment to a reasonable degree. At the request of any person,
8 including any governmental entity, the board shall determine in a timely
9 manner, not to exceed one hundred twenty days unless further time is
10 granted by the requesting person or entity, what terms and conditions it
11 will accept in a contract or agreement for such acquisition. Any contract
12 or agreement executed between the board and any person or
13 governmental entity that provides water, water rights, or interests in water
14 to the board shall be enforceable by either party thereto as a water matter
15 under this article, according to the terms of the contract or agreement.
16 ALL PERIODS OF TIME DURING WHICH THE BOARD USES WATER, WATER
17 RIGHTS, OR INTERESTS IN WATER TO PRESERVE OR IMPROVE THE NATURAL
18 ENVIRONMENT TO A REASONABLE DEGREE UNDER SUCH A CONTRACT OR
19 AGREEMENT SHALL BE EXCLUDED FROM ANY HISTORIC CONSUMPTIVE USE
20 ANALYSIS OF THE SUBJECT WATER RIGHT REQUIRED UNDER ANY WATER
21 COURT PROCEEDING. THE BOARD' SHALL ADOPT CRITERIA FOR
22 EVALUATING PROPOSED CONTRACTS OR AGREEMENT'S FOR LEASES OR
23 LOANS OF WATER, WATER RIGHTS, OR INTERESTS IN WATER UNDER THIS
24 SUBSECTION (3), INCLUDING, BUT NOT LIMITED TO, CRITERIA ADDRESSING
25 SPECULATION AND PUBLIC NOTICE. AS PART OF ITS EVALUATION OF A
26 PROPOSED CONTRACT OR AGREEMENT FOR A LEASE OR LOAN OF WATER,
. 27 WATER RIGHTS, OR INTERESTS IN WATER PURSUANT TO THIS SUBSECTION
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