LEG00126

• Bill Number: SB03-115
• Year: 2003
• Title: Change of Agriculture Rights to Urban Areas
• Legislation - Doc Type: Other CWCB Related Bills - Passed

I

THE APPLICANT PRIOR TO THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (I),

2 AS AMENDED; ANY REMOVAL OF WATER THAT WAS ACCOMPLISHED PRIOR

3 TO THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (I), AS AMENDED; ANY

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4 REMOVAL OF WATER FOR WHICH AN'APPLICATION FOR A CHANGE OF

5 WATER RIGHTS WAS PENDING IN THE WATER COURT ON SUCH DATE; ORANY

6 REMOVAL OF WATER FOR WHICH A DECREE HAS BEEN ENTERED THAT

7 CONTINUES TO BE SUBJECT TO THE WATER COURT'S RETAINED

8 JURISDICTION;

9 (II) ANY REMOVAL OF WATER WHEN:

10 (A) SUCH CHANGE IS UNDERTAKEN BY A WATER CONSERVANCY

I I DISTRICT, WATER CONSERVATION DISTRICT, SPECIAL DISTRICT, DITCH

12 COMPANY, OTHER DITCH ORGANIZATION, OR MUNICIPALITY;

13 (B) THE WATER WAS BENEFICIALLY USED WITHIN THE BOUNDARIES

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OR SERVICE AREA OF SUCH ENTITY BEFORE THE REMOVAL; AND

15 (C) THE WATER WILL CONTINUETO BE BENEFICIALLY USED WITHIN

16 SUCH ENTITY'S BOUNDARIES OR SERVICE AREA AFTER THE REMOVAL; OR

17 (Ill) ANY REMOVAL OF W ATER~WHERE THE NEW PLACE OF USE IS

18 WITHIN A TWENTY-MILE RADIUS OF THE HISTORIC PLACE OF USE, EVEN

19 THOUGH SUCH NEW PLACE IS LOCATED WITHIN A DIFFERENT COUNTY. FOR

20 PURPOSES OF THIS SUBPARAGRAPH (III), THE DISTANCE BETWEEN THE

21 HISTORIC PLACE OF USE AND THE PROPOSED NEW PLACE OF USE SHALL BE

22 MEASURED BETWEEN THE MOST PROXIMATE POINTS IN THE RESPECTIVE

23 AREAS.
24 SECTION 5. Article 2 oftitle'29, Colorado Revised Statutes, is
25 amended BY THE ADDITION OF A NEW SECTION to read:
26 29-2-103.7. Special taxes for water rights. (I) ON AND AFTER

27

JULY 1,2003, IN ADDITION TO ANY SALES TAX IMPOSED PURSUANT TO

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