LEG00158

• Bill Number: SB01-161
• Year: 2001
• Title: Concerning Methods for Increasing the Supply of Available Water, and, in connection therewith, Directing the Colorado Water Conservation Board to Study Water Supply Demands and Alternatives for Meetin
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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1 PURSUANT TO SECTION 29-1-204,2, C.R,S" THAT IS A WATER ACTIVITY

2 ENTERPRISE PURS UANT TO SECTION 37 -45.1.103 OR A PR1V ATE ENTITY, TO

3 WHICH THE COLORADO WATER CONSERVATION BOARD HAS GRANTED A

4 CHARTER PURSUANT TO SECTION 37-60-131, AND THAT THE APPLICABLE

5 WATER COURT HAS APPROVED PURSUANT TO SECTION 37-92-305,

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II
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(3) "WATER DIVISION" MEANS ANY WATER DIVISION ESTABLISHED
PURSUANT TO SECTION 37-92.201.

37-80.5-104. Water bank - creation - charter. (I) A WATER

AUTHORITY ESTABLISHED PURSUANT TO SECTION 29-1.204,2, C.R,S" THAT

IS A WATER ACTIVITY ENTERPRISE PURSUANT TO SECTION 37-45, 1-103 OR

A PRIVATE ENTITY MAY SUBMIT AN APPLICATION, INCLUDING A PROPOSED

CHARTER, TO THE COLORADO W ATER CONSERVATION BOARD PURSUANT TO

SECTION 37.60.131 FOR A CHARTER, IF THE BOARD GRANTS THE CHARTER,

14 THE GRANTEE MAY SUBMIT AN APPLICATION FOR APPROVAL OF THE

15 CHARTER TO THE WATER COURT FOR THE WATER DIVISION IN WHICH ALLOR

16 THE PREDOMINANT PART OF THE GOVERNMENTAL ENTITIES THAT

17 CONSTITUTE THE APPLICANT ARE LOCATED. IF THE WATER COURT

18 APPROVES THE APPLICATION PURSUANT TO SECTION 37 -92-305, THE WATER

19 BANK SHALL BE DEEMED TO HAVE BEEN CREATED PURSUANT TO THIS

20 ARTICLE, NOTICE OF APPEAL OFTHE WATER COURT's DETERMINATION MAY

21 BE FILED WITH THE SUPREME COURT, WHICH SHALL ISSUE ITS DECISION
22 WITHIN NINETY DAYS AFTER FILING OF THE NOTICE OF APPEAL,

23 (2) THE PROPOSED CHARTER SHALL ENSURE THAT OPERATION OF

24 THE BANK PURSUANT TO SUCH CHARTER SHALL NOT INJURIOUSLY AFFECT

25 THE OWNER OF OR PERSONS ENTITLED TO USE WATER UNDER A VESTED

26 WATER RIGHT OR A DECREED CONDITIONAL WATER RIGHT THROUGH THE

27 IMPOSITION OF CONCURRENCY MANAGEMENT PLANS FOR DEPOSITS INTO

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SBOI-161