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Water Supply Reserve Account—Application Form <br /> Revised December 2011 <br /> Part M.—Threshold and Evaluation Criteria <br /> 1. This water activity meets the eligibility requirements outlined in Part 2 of the Criteria and Guidelines. It is a <br /> structural water project,and the applicant,Crowley County,is an eligible entity. <br /> 1. a) The water activity is consistent with Section 37-75-102 Colorado Revised Statutes.' The project will not <br /> supersede, abrogate, or otherwise impair the State's current system of allocating water within Colorado, nor does it in any <br /> manner repeal or amend the existing water rights adjudication system. The project does not affect the State Constitution's <br /> recognition of water rights as a private usufructuary property right nor is it intended to restrict the ability of the holder of a <br /> water right to use or to dispose of that water right in any manner permitted under Colorado law. <br /> 1.b) The water activity has been approved by the Arkansas Basin Roundtable by consensus, at its January 9, 2013 <br /> meeting. There were no minority opinions expressed. <br /> 1. c) The water activity meets the provisions of Section 37-75-104(2), Colorado Revised Statutes,2 meeting the <br /> following goals. <br /> -The project helps fill the M&I gap by developing a non-treated water source and freeing up water that is <br /> currently being purchased from the spot market. <br /> -Reduced evaporation losses reduce waste of water—850af of water in 2012. <br /> -Reduced demand for treated potable water. <br /> -Improved utilization of purchased return flow water. <br /> -Provides a consistent, stable supply of quality water to the Feedyard. <br /> -Improves wetlands and riparian habitat along a 36-mile reach of the Arkansas River, due to change in point of <br /> diversion. <br /> -Provides more water to be used for dust abatement, improving air quality,human health and the aesthetics of the <br /> surrounding area. <br /> -Provides an emergency water supply to fight farmstead and wild land fires from west of Crowley to east <br /> 1 37-75-102.Water rights-protections.(1)It is the policy of the General Assembly that the current system of allocating water within <br /> Colorado shall not be superseded,abrogated,or otherwise impaired by this article.Nothing in this article shall be interpreted to repeal <br /> or in any manner amend the existing water rights adjudication system.The General Assembly affirms the state constitution's <br /> recognition of water rights as a private usufructuary property right,and this article is not intended to restrict the ability of the holder of <br /> a water right to use or to dispose of that water right in any manner permitted under Colorado law.(2)The General Assembly affirms <br /> the protections for contractual and property rights recognized by the contract and takings protections under the state constitution and <br /> related statutes.This article shall not be implemented in any way that would diminish,impair,or cause injury to any property or <br /> contractual right created by intergovernmental agreements,contracts,stipulations among parties to water cases,terms and conditions in <br /> water decrees,or any other similar document related to the allocation or use of water.This article shall not be construed to supersede, <br /> abrogate,or cause injury to vested water rights or decreed conditional water rights.The General Assembly affirms that this article does <br /> not impair,limit,or otherwise affect the rights of persons or entities to enter into agreements,contracts,or memoranda of <br /> understanding with other persons or entities relating to the appropriation,movement,or use of water under other provisions of law. <br /> 2 37-75-104(2)(c).Using data and information from the Statewide Water Supply Initiative and other appropriate sources and in <br /> cooperation with the on-going Statewide Water Supply Initiative,develop a basin-wide consumptive and nonconsumptive water supply <br /> needs assessment,conduct an analysis of available unappropriated waters within the basin,and propose projects or methods,both <br /> structural and nonstructural,for meeting those needs and utilizing those unappropriated waters where appropriate.Basin Roundtables <br /> shall actively seek the input and advice of affected local governments,water providers,and other interested stakeholders and persons <br /> in establishing its needs assessment,and shall propose projects or methods for meeting those needs.Recommendations from this <br /> assessment shall be forwarded to the Interbasin Compact Committee and other basin roundtables for analysis and consideration after <br /> the General Assembly has approved the Interbasin Compact Charter. <br /> 7 <br />