LEG00145

• Bill Number: HB03-1280
• Year: 2003
• Title: State Engineer Extend Water Bank Pilot
• 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. 37-80.5-104, Colorado Revised Statutes, is .
amended BY THE ADDITION OF A NEW SUBSECTION to read:
37-80.5-104. Water bank - creation - duties of state engineer
- rules. (4) (a) THE STATE ENGINEER MAY PROMULGATE RULES TO
TEMPORARILY EXTEND THE OPERATION OF THE PILOT PROGRAM TO ONE OR

7 MORE ADJACENT WATER DIVISIONS IF, PURSUANT TO FEDERAL OR STATE

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LAW, THE ARKANSAS RIVER BASIN OR SUCH ADJACENT WATER DIVISION

HAS RECEIVED EMERGENCY DROUGHT' DESIGNATION OR A DISASTER

EMERGENCY HAS BEEN PROCLAIMED DUE:TO DROUGHT. IF PROMULGATED,

THE RULES SHALL PROVIDE THAT SUCH TEMPORARY OPERATION SHALL

CEASE ONCE THE DESIGNATION OR PROCLAMATION HAS TERMINATED.

(b) (I) FOR PURPOSES OF THIS SUBSECTION (4), "DISTRICT" MEANS

ANY STATE OR LOCAL GOVERNMENTAL ENTITY THAT HAS AUTHORITY TO

CONDUCT WATER ACTIVITIES, INCLUDING A WATER CONSERVANCY

DISTRICT CREATED PURSUANT TO ARTICLE 45 OF THIS TITLE, A WATER

CONSERVATION DISTRICT CREATED BY ARTICLE 46,47, OR 48 OF THIS

TITLE, A WATER ACTIVITY ENTERPRISE CREATED PURSUANT TO ARTICLE

45.1 OF THIS TITLE, A WATER AND SANITATION DISTRICT OR OTHER ENTITY

CREATED PURSUANT TO TITLE 32, C.R.S., AN ENTITY CREATED PURSUANT

TO TITLE 29, C.R.S., OR THIS TITLE, A COUNTY, OR A MUNICIPALITY.

(II) NOTWITHSTANDING ANY, PROVISION OF LAW TO THE

CONTRARY, INCLUDING LIMITATIONS TH~ T RESTRICT A DISTRICT'S POWER

TO ACT WITHIN THE GEOGRAPHIC BOUNDARIES OF SUCH DISTRICT,

DISTRICTS SHALL HAVE FULL AUTHORITY TO PARTICIPATE IN THE BANK'S

TEMPORARY OPERATIONS PURSUANT TO THIS SUBSECTION (4).

SECTION 2. Effective date. This act shall take effect at 12:01

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HB03-1280

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