Memorandum Agenda Item 17B 01/07/2002

• Board Meeting Date: 1/7/2002
• Description: Proposed Arkansas River Basin Pilot Water Bank Rules
• Board Meetings - Doc Type: Memo

partnership who administers the water bank and is entitled to
• charge a transaction fee for deposits, withdrawals, or both,
sufficient to cover the bank's administrative costs.
12. "Winter water" means water stored using the Winter Water
Storage Program as described in Case No. 84CW179,
Water Division 2
B. Any term used in these Pilot Water Bank Rules that is defined in
37-90-103 or 37-92-103, C.R.S. shall have the same meaning
given therein.
C. Any term used in these Pilot Water Bank Rules not defined herein
that is defined in other Rules and Regulations of the State Engineer
shall have the same meaning given therein.
Rule 4. Limitations on the Pilot Water Bank.
A. Nothing in these rules shall be construed to authorize any lease,
exchange, option, or loan of water below John Martin Reservoir to
points of diversion or storage above John Martin Reservoir without
the approval of the Arkansas River Compact Administration.
B. No transfer of water from the bank to instream flow uses as
provided in section 37-92-102(3), C.R.S. (2001) is allowed except
where such transfer, lease, loan, option, exchange or sale is to the
Colorado Water Conservation Board.
SC. The water bank shall not be used to export water out of state.
D. The water bank shall not operate in a manner so as to increase
water diverted from another water division as set forth in Section
37-92-201, C.R.S. (2001).
E. Winter water shall only be bankable if deposited before May 1
following the winter storage program period during which such
water was stored.
F. Article 11 winter water can be used in the water bank. No Article II
"summer stored water" can be used in the bank.
G. Any deposit of water into the water bank and any leases, loans,
options or exchanges through the water bank must be consistent
with all statutory and regulatory requirements, operating principles,
and contractual requirements governing the use of federally
authorized projects in the Arkansas River basin to the extent such
project facilities are utilized in banking operations.
H. The bank shall operate within the existing requirements of Colorado
water law, including the Arkansas River Compact, the Colorado
Ground Water Management Act, (see sections, 37-90-101, et seq.
C.R.S. (2001)), and the Water Rights Determination and
Administration Act (see sections 37-92-101, et seq., C.R.S. 2001).
However, upon approval by the State Engineer, adjudication of the
temporary use of the water right is not required pursuant to section
• 37-80.5-104(a)(IV)(B), C.R.S. (2001).
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