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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(e) A FALLOWING PROGRAM MAY BE PHASED IN OR EXPANDED BY

REPEATING THE PROCESS DESCRIBED IN THIS SUBSECTION (4).

(f) A FALLOWING PROGRAM ESTABLISHED IN A PROGRAM AREA

EAST OF THE CONTINENTAL DIVIDE SHALL NOT PROVIDE OR ALLOW THE

TRANSFER OF WATER OUT OF THE NATIVE RIVER BASIN.

(5) (a) ONCE A FALLOWING PROGRAM IS ESTABLISHED FOR A

PROGRAM AREA PURSUANT TO SUBSECTION (4) OF THIS SECTION,

INTERESTED PARTIES MAY ENTER INTO FALLOWING AGREEMENTS UNDER

THE FOLLOWING CONDITIONS:

(1) IF A DITCH COMPANY DECIDES TO PARTICIPATE IN A FALLOWING

PROGRAM, SHAREHOLDERS IN THE DITCH COMPANY MAY ENTER INTO

FALLOWING AGREEMENTS WITH A WATER PROVIDER UNDER THE TERMS OF

THE PROGRAM, BUT A SHAREHOLDER OF A DITCH COMPANY THAT HAS

DECLINED TO PARTICIPATE IN A FALLOWING PROGRAM SHALL NOT BE

ENTITLED TO ENTER INTO A FALLOWING AGREEMENT;

(11) AN OWNER OF IRRIGATION WATER RIGHTS WHO PARTICIPATES

IN A FALLOWING PROGRAM SHALL HAVE THE RIGHT TO DETERMINE WHICH

IRRIGATED LAND WILL BE FALLOWED EACH YEAR; EXCEPTTIIATF ALLOWED

LAND SHALL BE PROTECTED FROM EROSION AND WEEDS SHALL BE

CONTROLLED ON THE FALLOWED LAND IN ACCORDANCE WITH THE TERMS

AND CONDITIONS OF THE FALLOWING PROGRAM;

(111) THE FALLOWING AGREEMENT BETWEEN THE OWNER OF

IRRIGATION WATER RIGHTS AND A WATER PROVIDER SHALL CREATE AND

SPECIFY THE OWNER'S INTENT TO GRANT TO THE WATER PROVIDER A

FALLOWING EASEMENT IN GROSS, WHICH IS HEREBY RECOGNIZED AS AN

ENFORCEABLE RIGHT OF THE OWNER OF THE EASEMENT TO PROHIBIT OR

REQUIRE A LIMITATION ON THE WATER RIGHTS BENEFICIALLY USED ON THE

.

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HB05-1215