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 ENVIRONMENT TO A REASONABLE DEGREE UNDER SECTION 37-92-102 (3).
2 SECTION 3. 37-92-305 (3), Colorado Revised Statutes, is
3 amended to read:
4 37-92-305. Standards with respect to rulings of the referee and
5 decisions of the water judge. (3) (a) A change of water right,
6 implementation of a rotational crop management contract, or plan for
7 augmentation, including water exchange project, shall be approved if
8 such change, contract, or plan will not injuriously affect the owner of or
9 persons entitled to use water under a vested water right or a decreed
10 conditional water right. In cases in which a statement of opposition has
11 been filed, the applicant shall provide to the referee or to the water judge,
12 as the case may be, a proposed ruling or decree to prevent such injurious
13 effect in advance of any hearing on the merits of the application, and
• 14 notice of such proposed ruling or decree shall be provided to all parties
15 who have entered the proceedings. If it is determined that the proposed
16 change, contract, or plan as presented in the application and the proposed
17 ruling or decree would cause such injurious effect, the referee or the
18 water judge, as the case maybe, shall afford the applicant or any person
19 opposed to the application an opportunity to propose terms or conditions
20 that would prevent such injurious effect.
21 (b) AN APPLICANT FOR A CHANGE OF A WATER RIGHT LOCATED IN
22 THE SAME STREAM BASIN AS AN INSTREAM FLOW WATER RIGHT REACH ON
23 WHICH THE COLORADO WATER CONSERVATION BOARD HAS USED WATER
24 PROVIDED UNDER A CONTRACT OR AGREEMENT FOR A LEASE OR LOAN OF
2S WATER, WATER RIGHTS, OR INTERESTS IN WATER PURSUANT TO SECTION
26 37-92-102 (3) MAY NOT CLAIM ANY HISTORIC CONSUMPTIVE USE
27 RESULTING FROM WATER DIVERTED AND PUT TO BENEFICIAL USE BY THE
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