LEG00144

• Bill Number: HB04-1256
• Year: 2004
• Title: Concerning interruptible water supply agreement
• Legislation - Doc Type: Other CWCB Related Bills - Passed

1362

Watcr and Irrigation

Ch.335

CHAPTER 335

WATER AND IRRIGATION

HOUSE BILL 04-12~6

BY REPRESENTATlVE(S) Hodge, Brophy, Harvey, lIappe, 10hnson R., Madden, Rose, Tochlrop, Carroll, Coleman, Frangas,
Garcia, !ahn, McFadyen, McGihon, Merrifteld. PacciJne. Ragsdale, Stafford, Vig~, WilllamsT., Young. Crane. Miller, and
Weddig;
also SENATOR(S) Hillman, and Isgar.

AN ACT

CONCERNING AN EXPANSION OF TilE PERIOD DURING WHICH AN INTERRUPTmLE WATER SUPPLY
AGREEMENT MAY OPERATE, AND MAKING AN APPROPRIATfON THEREFOR.

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

SECTION 1. 37-92-309 (3) (c) and (4), Colorado Revised Statutes, are amended
to read:

37-92-309. Interruptible water supply agreements - special review
procedures - rules ~ legislative declaration. (3) The state engineer is authorized
to approve and administer interruptible water supply agreements that permit a
temporary change in the point of diversion, location of use, and type of use of an
absolute water right without the need for an adjudication pursuant to this article,
subject to the following:

(c) An interruptible water supply agreement approved pursuant to this section shall
h(, vp'l &lcd vul)'. NOT BE EXERCISED FOR MORE THAN THREE YEARS IN A TEN-YEAR
PERIOD FOR WHICH ONLY A SINGLE APPROVAL IS REQUIRED. THE TEN-YEAR PERIOD
SHALL BEGIN WITH THE GRANTING OF SUCH APPROV AL. A WATER RIGHT SUBJECT TO
THE AGREEMENT UNDER THIS SECTION MAY NOT USE SECTION 37-92-308 (5). AN
_INT.ERRUP-TIBLE........WAT.ER_SUFPLY__AGREEMENT_APPROVED_PURSUAN-T_TO-THlS-
SUBSECTION (3) SHALL NOT BE APPROVED FOR ANOTHER TEN-YEAR PERIOD; EXCEPT
THAT, IF SUCH AGREEMENT HAS NOT BEEN EXERCISED DURING THE TERM OF THE
AGREEMENT, AN APPLICANT MAY REAPPLY ONE TIME BY REPEATING THEAPPLICATION
PROCESS PURSUANT TO THIS SUBSECTION (3).

(I) DUI;h5 tl.,-, ",.1I...lldu~ )''''"1 ill yyll;",l~" lhvu&.t VI vthc.. '-'111"'.5(,11...)' ~~ d...",lu...,J b)'

Capital letters indicate new material added to existing statutes; dashes through words indicate deletions
from existing statutes and such material not part afact.