LEG00081

• Bill Number: HB05-1185
• Year: 2005
• Title: Concerning the authorization of the operation of temporary changes of water right for up to five years
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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

SECTION 1. The introductory portion to 37-92-308 (5) (a),

Colorado Revised Statutes, is amended, and the said 37-92-308 (5) (a) is

further amended BY THE ADDITION OF A NEW SUBPARAGRAPH,

to read:

37-92-308. Substitute water supply plans - special procedures

for review - water adjudication cash fund - legislative declaration.

(5) (a) Beginning January 1,2002, for new water use plans involving

out-of-priority diversions or a change of water right, ifno application for

approval of a plan for augmentation or a change of water right has been

filed with a water court and, the water use plan ()[ ehange pltlpos.:d 1IlId

IN THE CASE OF A WATER USE PLAN, the depletions associated with such

water use plan or change will be for a limited duration not to exceed five

years, OR, IN THE CASE OF TEMPORARY CHANGE IN USE, THE CHANGED USE

OF THE WATER WILL BE FOR A LIMITED DURATION NOT TO EXCEED FIVE

YEARS, the state engineer may approve such plan or change as a substitute

water supply plan if the following conditions are met:

(V) IN ADDITION TO ALL OTHER LAWFUL USES, WATER RIGHTS FOR

WHICH A TEMPORARY CHANGE HAS BEEN APPROVED UNDER THIS

SUBSECTION (5) MAY BE USED IN AN AUGMENTATION PLAN DECREED BY

THE WATER COURT OR IN A SUBSTITUTE WATER SUPPLY PLAN APPROVED

PURSUANT TO THIS SECTION, IN ACCORDANCE WITH THE GOVERNING

AUGMENTATION PLAN, DECREE, OR SUBSTITUTE WATER SUPPLY PLAN

APPROVAL. AN APPROVAL OF A TEMPORARY CHANGE OF WATER RIGHT

SHALL INCLUDE PROVISIONS FOR REPLACEMENT OF RETURN FLOWS IN A

MANNER SUFFICIENT TO PREVENT INJURY TO SENIOR RIGHTS. SUCH

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HB05-1185