LEG00023

• Bill Number: SB03-090
• Year: 2003
• Title: Water Right Decree Conservation Salvage
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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(5) In all proceedings for a change of water right and for approval

of reasonable diligence with respect to a conditional water right, it is

appropriate for the referee and the courts to consider abandonment of all

or any part of such water right or conditional water right; except that no

conditional underground water right requiring the construction of a well

shall be declared abandoned pursuant to this subsection (5) solely upon

the glot.lId BASIS OF ONE OR MORE OF THE FOLLOWING FACTORS:

(I) That the pennit issued for the construction of such well by the

state engineer pursuant to section 37-90-137 (I) has expired; OR

(II) ANY OF THE FACTORS LISTED IN SUBPARAGRAPHS (I) TO (IV)

OF PARAGRAPH (c) OF SUBSECTION (4) OF THIS SECTION,

SECTION 2. 37-92-305 (4), Colorado Revised Statutes, IS

amended to read:

37-92-305. Standards with respect to rulings ofthe referee and

decisions ofthe water judge. (4) Terms and conditions to prevent injury

as specified in subsection (3) of this section may include:

(a) A limitation on the use of the water whieh THAT is subject to

the change, taking into consideration the historic use, THE APPLICANT'S

COMPLIANCE WITH REASONABLE EFFICIENCY STANDARDS, and the

flexibility required by annual climatic differences;

(b) The relinquishment of part of the decree for which the change

is sought or the relinquishment of other decrees owned by the applicant

whieh THAT are used by the applicant in conjunction with the decree for

which the change has been requested, if necessary to prevent an

enlargement upon the historic use, or diminution of return flow to the

detriment of other appropriators;

(c) A time limitation on the diversion of water for which the

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SB03-090