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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />and augmentation plans, and the water court shall determine matters that <br />are within the scope of section 37-92-305. AS PART OF ITS EVALUATION <br />OF A CHANGE OF WATER RIGHT IMPLEMENTING A CONTRACT OR <br />AGREEMENT FOR A LEASE OR LOAN OF WATER, WATER RIGHTS, OR <br />INTERESTS IN WATER TO THE BOARD FOR INSTREAM FLOW USE PURSUANT <br />TO SUBSECTION (3) OF THIS SECTION, THE WATER COURT SHALL MAKE A <br />FINDING THAT THE LESSOR OR LENDER OF THE WATER, WATER RIGHTS, OR <br />INTERESTS IN WATER HAS NOT ENTERED INTO THE CONTRACT OR <br />AGREEMENT FOR SPECULATIVE PURPOSES. <br />SECTION 2. The introductory portion to 37-92-103 (2) (b), <br />Colorado Revised Statutes, is amended, and the said 37-92-103 (2) (b) is <br />further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, <br />to read: <br />37-92-103. Definitions. As used in this article, unless the context <br />otherwise requires: <br />(2) "Abandonment of a water right" means the termination of a <br />water right in whole or in part as a result of the intent of the owner <br />thereof to discontinue permanently the use of all or part of the water <br />available thereunder. Any period of nonuse of any portion of a water <br />right shall be tolled, and no intent to discontinue permanent use shall be <br />found for purposes of determining an abandonment of a water right for <br />the duration that: <br />(b) The nonuse of a water right BY ITS OWNER is a result of <br />participation in: <br />(VI) ANY CONTRACT OR AGREEMENT WITH THE COLORADO WATER <br />CONSERVATION BOARD THAT ALLOWS THE BOARD TO USE ALL OR A PART <br />OF A WATER RIGHT TO PRESERVE OR IIvIPROVE THE NATURAL <br />-6- <br />1280 <br />• <br />U <br />