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

delivery of water per the terms and conditions of approval for the
account and the agreement being implemented.
B. Ir cooperation with the State and Division Engineers, the water
blink shall develop credit and debit accounting.
C. All transit losses will be determined by the State Engineer pursuant
to section 37-83-104, C.R.S.
D. Evaporative losses shall be determined by the State Engineer
pursuant to section 37-80-102(7), C.R.S.
E. Exchange operations necessary for the delivery of water made
available through the water bank shall be evaluated and approved
in accordance with 37-83-104, C.R.S.
Rule 10. Reporting Requirements.
A. The bank, in cooperation with the State and/or Division Engineers,
will publish monthly summaries of the bank's transactions on the
water bank's and Colorado Division of Water Resource's web sites.
Paper copies of such summaries will also be made available to the
public at the State Engineer's Office main office in Denver as well
as the Water Division 2 Field Office in Pueblo.
B. By November 1, 2005, the State Engineer shall file a report to the
legislature and the Governor that discusses the effectiveness of the
water banking pilot program. This report will include a discussion of
any existing legal, institutional, compact and social or economic •
constraints on the use of water banking. The report will also
include any recommended limitations upon the use of water banks
within Colorado.
Rule 11. Pilot Project Time Limitation.
These rules effectuate the laws set forth in sections 37-80.5-101 et
seq., C.R.S. (2001). In accordance with the nature of the pilot
project set forth therein, that law and these rules are repealed
automatically on July 1, 2007. Any water left in the bank at that
time shall immediately revert back to the owner of record.
Rule 12. If any part of these rules is found to be invalid by a court of law, the
remaining rules shall remain in full force and effect.
IT IS FURTHER ORDERED that these rules shall become effective on the
day of , 2002 and shall remain in effect until amended as provided
by law, or until June 30, 2007, whichever date comes first. Any person wishing
to protest these rules may do so in the manner provided in 24-4-101 et seq.,
C.R.S., (the State Administrative Procedure Act); however, the protest must be
filed with the Water Court for Water Division No. 2 in Pueblo, Colorado.
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