HB 03-1320 Signed Bill

• ISF Bill Number: HB03-1320
• Description: Temporary loans during drought or emergency
• ISF - Doc Type: Final Signed Legislation

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- ,. '.o~~is p~~ip~~goin sirid loan-o~><eXcll;ng~;- St8tingth&t~.sUch loan~'Oi~"- <
exchange has been made and for what length of time the same shall
continue, whereupon said division engineer shall recognize the same in his
OR HER distribution of water.

(2) (a) IN A.",""Y BASIN OR COUNTY IN WHICH THE GOVER.N'OR
DECLARES A DROUGHT E~fERGENCY OR IN WHICH ANY OTHER EMERGENCY IS
DECLARED, WATER RIGHT O\VNERS MAY LOAN WATER TO THE COLORADO
WATER CONSERVATION BOARD FOR USE AS INSTREAM FLOWS FOR A PERIOD
NOT TO EXCEED ONe HUNDRED TIVENTY DAYS, SUBJECT TO THE FOLLOWING:

(I) PRIOR TO ACCEPTING THE LOAN, THE COLORADO WATER
CONSERV ATIONBOARD SHALL COMPILE A STATEMENT ABOlJTTHEDURATION
OF THE LOAi'l, A DESCRIPTION OF THE ORIGINAL POINTS OF DIVERSION, A..1ID
OTHER RELEVANT INFORJvlATION SUFFICllil'o'T FOR THE STATE ENGINEER TO
DETER.~'E THAT SUCH LOAN DOES NOT INJURE EXISTING DECREED WATER
RIGHTS.

(II) CONSISTENT WITH CURRENT LAW, ONLY THE COLORADO WATER
CONSERVATIONBOARDISE\lTJTLED TO HOLD INSTREAM FLOW W ATERRIGHTS
A1~D :MA Y ACCEPT PROPOSED LOANS IN ACCORDANCE Vv'lTH SECTION
37-92-102 (3).

(ill) THE LOAN SHALL NOT BE ACCEPTED UNLESS THE STATE
ENGINEER DETERMINES THAT THE COLORADO WATER CONSERVATION
BOARD'S TEMPORARY INSTREAM FLOW USE WILL NOT INJURE EXISTING
WATER RIGHTS OF OTHERS.

(b) 1~ DETERMINING WHETHER OR NOT INJURY WILL OCCUR, THE
DIVISION ENGINEER SHALL ENSURE THE FOLLOWING CONDmONS ARE MET:

(I) THE PROPONENT HAS FILED A REQUEST FOR APPROVAL OF THE
LOAN WITH THE DIVISION ENGINEER, TOGETHER WITH A FILING FEE IN THE
AMOUNT OF ONE HUNDRED DOLLARS. MONEYS FROM THE FEE SHALL BE
TRANSMITTED TO THE STATE TREASURER AND DEPOSITED IN THE GROUND
WATER MA~AGEMENT CASH f1Jl\.I'D, CREATED IN SECTION 37-80-111.5. THE
REQUEST FOR APPROVAL SHALL INCLUDE:

(A) EVIDENCE OF THE PROPONENTS LEGAL RIGHT TO USE THE

PAGE 2-HOUSE BILL 03-1320

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