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 (3), THE BOARD SHALL MAKE A FINDING THAT THE LESSOR OR LENDER OF
2 THE WATER, WATER RIGHTS, OR INTERESTS IN WATER IS NOT ENTERING
3 INTO THE CONTRACT OR AGREEMENT FOR SPECULATIVE PURPOSES. AS A
4 CONDITION OF APPROVAL OF A PROPOSED CONTRACT OR AGREEMENT FOR
5 A LEASE OR I.,OAN OF WATER, WATER RIGHTS, OR INTERESTS IN WATER
6 PURSUANT TO THIS SUBSECTION (3), THE BOARD SHALL OBTAIN
7 CONFIRMATION FROM THE STATE AND DIVISION ENGINEERS THAT THE
8 PROPOSAL IS: ADMINISTERABLE AND IS CAPABLE OF MEETING AI.L
9 APPI.,ICABLE STATUTORY REQUIREMENTS: ALL CONTRACTS OR
10 AGREEMENTS ENTERED INTO BY THE BOARD FOR LEASES OR LOANS OF
I L WATER, WATER RIGHTS, OR INTERESTS IN WATER PURSUANT TO THIS
12 SUBSECTION (3) SHALL REQUIRE THE BOARD TO MAINTAIN RECORDS OF
13 HOW MUCH WATER THE BOARD USES UNDER THE CONTRACT OR
14 AGREEMENT EACH YEAR IT IS IN EFFECT AND INSTALL A MEASURING
15 DEVICE AT ORNEAR THE LOWER TERMINUS OF THE INSTREAM FLOW REACH
16 IN WHICH THE WATER IS USED OR AT ANOTHER APPROPRIATE LOCATION TO
17 MEASURE AND RECORD HOW MUCH WATER FLOWS OUT OF THE REACH
18 AFTER USE BY THE BOARD UNDER THE CONTRACT OR AGREEMENT, UNLESS
19 A MEASURING DEVICE ALREADY EXISTS ON THE STREAM THAT IS CAPABLE
20 OF MAKING SUCH MEASUREMENTS AND RECORDINGS. THE BOARD SHALL
21 FILE A CHANGE OF WATER RIGHT APPLICATION OR OTHER APPLICATION
22 WITH THE WATER COURT' TO OBTAIN A I2ECREED RIGHT TO USE.WATER FOR
23 INSTREAM FLOW PURPOSES UNDER A CONTRACT OR AGREEMENT FOR A
24 LEASE OR LOAN OF WATER,. WATER RIGHTS, OR INTERESTS IN WATER
25 PURSUANT TO THIS SUBSECTION(S). The board may not accept a donation
26 of water rights that either would require the removal of existing
27 infrastructure without approval of the current owner of such infrastructure •
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