LEG00024

• Bill Number: HB03-1113
• Year: 2003
• Title: Basin of Origin Compensation
• Legislation - Doc Type: Other CWCB Related Bills - Killed

water was used. Allows the money: to be spent only on economic
development in that county. Specifies that the act applies to applications
fOf water right decrees filed on or after the effective date of the act.

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I Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. 37-92-305 (9); Colorado Revised Statutes, is

3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:

4 37-92-305. Standards with respect to rulings of the referee and

5 decisions of the water judge. (9) (d) No CLAIM FOR A WATER RIGHT

6 DIVERTING WATER DECREED FOR AGRICULTURE FROM ONE WATER

7 DIVISION TO ANOTHER MAY BE RECOGNIZED OR A DECREE THEREFOR

8 GRANTED UNLESS THE WATER JUDGE INCLUDES IN THE DECREE SUCH

9 TERMS AND CONDITIONS AS ARE REQUIRED TO ADDRESS THE DIRECT

10 ECONOMIC EFFECTS OF THE DIVERSION ON THE BASIN OF ORIGIN. FOR

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PURPOSES OF THIS PARAGRAPH (d), "DIRECT ECONOMIC EFFECT" MEANS AN

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12 AMOUNT OF MONEY EQUAL TO THE DIF~ERENCE BETWEEN THE VALUE OF

13 THE LAND ON WHICH THE AGRICULTURAL WATER HAD BEEN USED BEFORE

14 THE PROPOSED CHANGE AND THE VALUE OF THE LAND AFTER THE

IS PROPOSED CHANGE. MONEYS OBLIGATED TO BE PAID PURSUANT TO THIS

16 PARAGRAPH (d) SHALL BE PAID TO THE BQARD OF COUNTY COMMISSIONERS

17 OF THE COUNTY IN WHICH THE WATER WAS USED AND MAY BE SPENT ONLY

18 ON ECONOMIC DEVELOPMENT PROJECTS IN SUCH COUNTY.

19 SECTION 2. Applicability. This act shall apply to applications
20 fOf water right deCfees filed on or after the effective date of this act.
21 SECTION 3. Safety clause. The general assembly hereby finds,
22 determines, and declafes that this act is necessary for the immediate
23 preservation of the puhlic peace, health, and safety.

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HB03-1113