LEG00122

• Bill Number: HB05-1215
• Year: 2005
• Title: Concerning the temporary transfer of the use of water rights
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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REQUIRES:

(a) "FALLOWING AGREEMENT" MEANS AN AGREEMENT BETWEEN

AN OWNER OR GROUP OF OWNERS OF IRRIGATION WATER RIGHTS AND A

WATER PROVIDER WHEREBY:

(1) THE OWNER OR OWNERS OF IRRIGATION WATER RIGHTS AGREE

THAT, DURING THE TERM OF THE AGREEMENT, THE OWNER OR OWNERS

WILL STOP THE USE OF A PORTION OF THE WATER RIGHTS FOR A SPECIFIED

LENGTH OF TIME; AND

(11) THE WATER PROVIDER MAY USE THE WATER RIGHT FOR THE

WATER PROVIDER'S PURPOSES, SUBJECT TO THE PRIORITY SYSTEM AND

SUBJECT TO APPROVAL BY THE WATER COURT OR STATE ENGINEER IN

ACCORDANCE WITH THIS SECTION.

(b) "OWNER OF IRRIGATION W ATERRIGHTS" MEANS THE OWNER OR

OWNERS OF A WATER RIGHT DECREED AND HISTORICALLY USED FOR

AGRICULTURALIRRIGA TION PURPOSES, INCLUDING THE OWNER OR OWNERS

OF SHARES IN A DITCH OR RESERVOIR COMPANY THAT HOLDS A WATER

RIGHT DECREED AND HISTORICALL YUSED FORAGRICUL TURAL IRRIGATION

PURPOSES.

(c) "PROGRAM MANAGEMENT DISTRICT" MEANS A WATER

CONSERV ATIONDISTRICTOR W ATERCONSERV ANCYDISTRICT AUTHORIZED

BY THIS SECTION TO ESTABLISH AND MANAGE FALLOWING PROGRAMS.

(d) "WATER PROVIDER" MEANS ANY PERSON OR ENTITY WHO, FOR

COMPENSATION, PROVIDES WATER FOR HUMAN CONSUMPTION OR FOR

HOUSEHOLD USE THROUGH A SYSTEM OF PIPES, STRUCTURES, OR OTHER

FACILITIES, AND INCLUDES A MUNICIPALITY.

(3) THE FOLLOWING DISTRICTS SHALL BE PROGRAM MANAGEMENT

DISTRICTS AND MAY ESTABLISH AND MANAGE FALLOWING PROGRAMS FOR

.

.

.

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HB05-1215